I

103D CONGRESS

2D SESSION H. R. 4018

To revise habeas corpus proceedings.

IN THE HOUSE OF REPRESENTATIVES

MARCH 11, 1994

Mr. EDWARDS of California introduced the following bill; which was referred

to the Committee on the Judiciary

A BILL

To revise habeas corpus proceedings.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This title may be cited as the ‘‘Habeas Corpus Revi5 sion Act of 1994’’.

6 SEC. 2. STATUTE OF LIMITATIONS.

7 Section 2254 of title 28, United States Code, is

8 amended by adding at the end the following:

9 ‘‘(g)(1) In the case of an applicant under sentence

10 of death, any application for habeas corpus relief under

11 this section must be filed in the appropriate district court

12 not later than 1 year after—
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1 ‘‘(A) the date of denial of a writ of certiorari,

2 if a petition for a writ of certiorari to the highest

3 court of the State on direct appeal or unitary review

4 of the conviction and sentence is filed, within the

5 time limits established by law, in the Supreme

6 Court;

7 ‘‘(B) the date of issuance of the mandate of the

8 highest court of the State on direct appeal or uni9 tary review of the conviction and sentence, if a peti10 tion for a writ of certiorari is not filed, within the

11 time limits established by law, in the Supreme

12 Court; or

13 ‘‘(C) the date of issuance of the mandate of the

14 Supreme Court, if on a petition for a writ of certio15 rari the Supreme Court grants the writ and disposes

16 of the case in a manner that leaves the capital sen17 tence undisturbed.

18 ‘‘(2) The time requirements established by this sec19 tion shall be tolled—

20 ‘‘(A) during any period in which the State has

21 failed to provide counsel as required in section 2257

22 of this chapter;

23 ‘‘(B) during the period from the date the appli24 cant files an application for State postconviction re25 lief until final disposition of the application by the
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1 State appellate courts, if all filing deadlines are met;

2 and

3 ‘‘(C) during an additional period not to exceed

4 90 days, if counsel moves for an extension in the

5 district court that would have jurisdiction of a ha6 beas corpus application and makes a showing of

7 good cause.’’.

8 SEC. 3. STAYS OF EXECUTION IN CAPITAL CASES.

9 Section 2251 of title 28, United States Code, is

10 amended—

11 (1) by inserting ‘‘(a)(1)’’ before the first para12 graph;

13 (2) by inserting ‘‘(2)’’ before the second para14 graph; and

15 (3) by adding at the end the following:

16 ‘‘(b) In the case of an individual under sentence of

17 death, a warrant or order setting an execution shall be

18 stayed upon application to any court that would have ju19 risdiction over an application for habeas corpus under this

20 chapter. The stay shall be contingent upon reasonable dili21 gence by the individual in pursuing relief with respect to

22 such sentence and shall expire if—

23 ‘‘(1) the individual fails to apply for relief

24 under this chapter within the time requirements es25 tablished by section 2254(g) of this chapter;
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1 ‘‘(2) upon completion of district court and court

2 of appeals review under section 2254 of this chapter,

3 the application is denied and—

4 ‘‘(A) the time for filing a petition for a

5 writ of certiorari expires before a petition is

6 filed;

7 ‘‘(B) a timely petition for a writ of certio8 rari is filed and the Supreme Court denies the

9 petition; or

10 ‘‘(C) a timely petition for certiorari is filed

11 and, upon consideration of the case, the Su12 preme Court disposes of it in a manner that

13 leaves the capital sentence undisturbed; or

14 ‘‘(3) before a court of competent jurisdiction, in

15 the presence of counsel qualified under section 2257

16 of this chapter and after being advised of the con17 sequences of the decision, an individual waives the

18 right to pursue relief under this chapter.’’.

19 SEC. 4. LAW APPLICABLE.

20 (a) IN GENERAL.—Chapter 153 of title 28, United

21 States Code, is amended by adding at the end the follow22 ing:
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1 ‘‘§ 2256. Law applicable

2 ‘‘(a) Except as provided in subsection (b), in an ac3 tion under this chapter, the court shall not apply a new

4 rule.

5 ‘‘(b) A court shall apply a new rule, if the new rule—

6 ‘‘(1) places the claimant’s conduct beyond the

7 power of the criminal law-making authority to pro8 scribe or punish with the sanction imposed; or

9 ‘‘(2) requires the observance of procedures

10 without which the likelihood of an accurate convic11 tion or valid capital sentence is seriously diminished.

12 ‘‘(c) As used in this section, the term ‘new rule’

13 means a clear break from precedent, announced by the

14 Supreme Court of the United States, that could not rea15 sonably have been anticipated at the time the claimant’s

16 sentence became final in State court. A rule is not ‘new’

17 merely because it was not dictated or compelled by the

18 precedents existing at that time or because, at that time,

19 it was susceptible to debate among reasonable minds.’’.

20 (b) CLERICAL AMENDMENT.—The table of sections

21 at the beginning of chapter 153 of title 28, United States

22 Code, is amended by adding at the end the following:

‘‘2256. Law applicable.’’.
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1 SEC. 5. COUNSEL IN CAPITAL CASES; STATE COURT.

2 (a) IN GENERAL.—Chapter 153 of title 28, United

3 States Code, is amended by adding after the provision

4 added by section 804 of this subtitle the following:

5 ‘‘§ 2257. Counsel in capital cases; State court

6 ‘‘(a) Notwithstanding section 2254(d) of this chapter,

7 the court in an action under this chapter shall neither pre8 sume a finding of fact made in a State court proceeding

9 specified in subsection (b)(1) of this section to be correct

10 nor decline to consider a claim on the ground that it was

11 not raised in such a proceeding at the time or in the man12 ner prescribed by State law, unless—

13 ‘‘(1) the relevant State maintains a mechanism

14 for providing legal services to indigents in capital

15 cases that meets the specifications in subsection (b)

16 of this section;

17 ‘‘(2) if the applicant in the instant case was eli18 gible for the appointment of counsel and did not

19 waive such an appointment, the State actually ap20 pointed an attorney or attorneys to represent the ap21 plicant in the State proceeding in which the finding

22 of fact was made or the default occurred; and

23 ‘‘(3) the attorney or attorneys so appointed

24 substantially met both the qualification standards

25 specified in subsection (b)(3)(A) or (b)(4) of this
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1 section and the performance standards established

2 by the appointing authority.

3 ‘‘(b) A mechanism for providing legal services to

4 indigents within the meaning of subsection (a)(1) of this

5 section shall include the following elements:

6 ‘‘(1) The State shall provide legal services to—

7 ‘‘(A) indigents charged with offenses for

8 which capital punishment is sought;

9 ‘‘(B) indigents who have been sentenced to

10 death and who seek appellate, collateral, or uni11 tary review in State court; and

12 ‘‘(C) indigents who have been sentenced to

13 death and who seek certiorari review of State

14 court judgments in the United States Supreme

15 Court.

16 ‘‘(2) The State shall establish a counsel author17 ity, which shall be—

18 ‘‘(A) a statewide defender organization;

19 ‘‘(B) a resource center; or

20 ‘‘(C) a counsel authority appointed by the

21 highest State court having jurisdiction over

22 criminal matters, consisting of members of the

23 bar with substantial experience in, or commit24 ment to, the representation of criminal defend25 ants in capital cases, and comprised of a bal-
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1 anced representation from each segment of the

2 State’s criminal defense bar.

3 ‘‘(3) The counsel authority shall—

4 ‘‘(A) publish a roster of attorneys qualified

5 to be appointed in capital cases, procedures by

6 which attorneys are appointed, and standards

7 governing qualifications and performance of

8 counsel, which shall include—

9 ‘‘(i) knowledge and understanding of

10 pertinent legal authorities regarding issues

11 in capital cases; and

12 ‘‘(ii) skills in the conduct of negotia13 tions and litigation in capital cases, the in14 vestigation of capital cases and the psy15 chiatric history and current condition of

16 capital clients, and the preparation and

17 writing of legal papers in capital cases;

18 ‘‘(B) monitor the performance of attorneys

19 appointed and delete from the roster any attor20 ney who fails to meet qualification and perform21 ance standards; and

22 ‘‘(C) appoint a defense team, which shall

23 include at least 2 attorneys, to represent a cli24 ent at the relevant stage of proceedings, within
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1 30 days after receiving notice of the need for

2 the appointment from the relevant State court.

3 ‘‘(4) An attorney who is not listed on the roster

4 shall be appointed only on the request of the client

5 concerned and in circumstances in which the attor6 ney requested is able to provide the client with qual7 ity legal representation.

8 ‘‘(5) No counsel appointed pursuant to this sec9 tion to represent a prisoner in State postconviction

10 proceedings shall have previously represented the

11 prisoner at trial or on direct appeal in the case for

12 which the appointment is made, unless the prisoner

13 and counsel expressly request continued representa14 tion.

15 ‘‘(6) The ineffectiveness or incompetence of

16 counsel appointed pursuant to this section during

17 State or Federal postconviction proceedings shall not

18 be a ground for relief in a proceeding arising under

19 section 2254 of this title. This limitation shall not

20 preclude the appointment of different counsel at any

21 phase of State or Federal postconviction proceed22 ings.

23 ‘‘(7) Upon receipt of notice from the counsel

24 authority that an individual entitled to the appoint25 ment of counsel under this section has declined to
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1 accept such an appointment, the court requesting

2 the appointment shall conduct, or cause to be con3 ducted, a hearing, at which the individual and coun4 sel proposed to be appointed under this section shall

5 be present, to determine the individual’s competency

6 to decline the appointment, and whether the individ7 ual has knowingly and intelligently declined it.

8 ‘‘(8) Attorneys appointed pursuant to this sec9 tion shall be compensated on an hourly basis pursu10 ant to a schedule of hourly rates as periodically es11 tablished by the counsel authority after consultation

12 with the highest State court with jurisdiction over

13 criminal matters. Appointed counsel shall be reim14 bursed for expenses reasonably incurred in rep15 resenting the client, including the costs of law clerks,

16 paralegals, investigators, experts, or other support

17 services.

18 ‘‘(9) Support services for staff attorneys of a

19 defender organization or resource center shall be

20 equal to the services listed in paragraph (8).’’.

21 (b) CLERICAL AMENDMENT.—The table of sections

22 at the beginning of chapter 153 of title 28, United States

23 Code, is amended by adding after the provision added by

24 section 804 the following:

‘‘2257. Counsel in capital cases; State court.’’.
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1 SEC. 6. SUCCESSIVE FEDERAL PETITIONS.

2 Section 2244(b) of title 28, United States Code, is

3 amended—

4 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

5 (2) by inserting ‘‘, in the case of an applicant

6 not under sentence of death,’’ after ‘‘When’’; and

7 (3) by adding at the end the following:

8 ‘‘(2) In the case of an applicant under sentence

9 of death, a claim presented in a second or successive

10 application, that was not presented in a prior appli11 cation under this chapter, shall be dismissed un12 less—

13 ‘‘(A) the applicant shows that—

14 ‘‘(i) the basis of the claim could not

15 have been discovered by the exercise of

16 reasonable diligence before the applicant

17 filed the prior application; or

18 ‘‘(ii) the failure to raise the claim in

19 the prior application was due to action by

20 State officials in violation of the Constitu21 tion of the United States; and

22 ‘‘(B) the facts underlying the claim would

23 be sufficient, if proven, to undermine the

24 court’s confidence in the applicant’s guilt of the

25 offense or offenses for which the capital sen-
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1 tence was imposed, or in the validity of that

2 sentence under Federal law.’’.

3 SEC. 7. CERTIFICATES OF PROBABLE CAUSE.

4 The third paragraph of section 2253, of title 28,

5 United States Code, is amended to read as follows:

6 ‘‘An appeal may not be taken to the court of

7 appeals from the final order in a habeas corpus pro8 ceeding where the detention complained of arises out

9 of process issued by a State court, unless the justice

10 or judge who rendered the order or a circuit justice

11 or judge issues a certificate of probable cause. How12 ever, an applicant under sentence of death shall have

13 a right of appeal without a certification of probable

14 cause, except after denial of a second or successive

15 application.’’.

16 SEC. 8. DUTIES OF THE DISTRICT COURT.

17 Section 2254(a) of title 28, United States Code, is

18 amended by adding at the end the following:

19 ‘‘In adjudicating the merits of any such ground,

20 the court shall exercise independent judgment in

21 ascertaining the pertinent Federal legal standards

22 and in applying those standards to the facts and

23 shall not defer to a previous State court judgment

24 regarding a Federal legal standard or its application.

25 Upon request, the court shall permit the parties to
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1 present evidence regarding material facts that were

2 not adequately developed in State court. The court

3 shall award relief with respect to any meritorious

4 constitutional ground, unless, in the case of a viola5 tion that can be harmless, the respondent shows that

6 the error was harmless beyond a reasonable doubt.’’.

7 SEC. 9. CLAIMS OF INNOCENCE.

8 (a) IN GENERAL.—Chapter 153 of title 28, United

9 States Code, is amended by adding after the provision

10 added by section 805 of this subtitle the following:

11 ‘‘§ 2258. Claims of innocence

12 ‘‘(a) At any time, and notwithstanding any other pro13 vision of law, a district court shall issue habeas corpus

14 relief on behalf of an applicant under sentence of death,

15 imposed either in Federal or in State court, who offers

16 credible newly discovered evidence which, had it been pre17 sented to the trier of fact or sentencing authority at trial,

18 would probably have resulted in—

19 ‘‘(1) an acquittal of the offense for which the

20 death sentence was imposed; or

21 ‘‘(2) a sentence other than death.

22 ‘‘(b) An application filed pursuant to subsection (a)

23 shall offer substantial evidence which, if credible, would

24 establish one of the standards in subsection (a)(1) or (2).

25 An application that fails to do so may be dismissed.
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1 ‘‘(c) If the court concludes that an application meets

2 the requirements in subsection (b), the court shall—

3 ‘‘(1) order the respondent to file an answer;

4 ‘‘(2) permit the parties to conduct reasonable

5 discovery;

6 ‘‘(3) conduct a hearing to resolve disputed is7 sues of fact; and

8 ‘‘(4) upon request, issue a stay of execution

9 pending further proceedings in the district court and

10 on direct review of the district court’s judgment.

11 ‘‘(d) If the court concludes that the applicant meets

12 the standards established by subsection (a)(1) or (2), the

13 court shall order his or her release, unless a new trial or,

14 in an appropriate case, a new sentencing proceeding, is

15 conducted within a reasonable time.

16 ‘‘(e) If the court determines that the applicant is cur17 rently entitled to pursue other available and effective rem18 edies in either State or Federal court, the court may, at

19 the request of either party, suspend its consideration of

20 the application under this section until the applicant has

21 exhausted those remedies. A stay issued pursuant to sub22 section (c) shall remain in effect during such a suspension.

23 ‘‘(f) An application under this section may be consoli24 dated with any other pending application under this chap25 ter, filed by the same applicant.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 at the beginning of chapter 153 of title 28, United States

3 Code, is amended by adding after the provision added by

4 section 805 of this subtitle the following:

‘‘2258. Claims of innocence.’’.

5 SEC. 10. PROCEDURAL DEFAULT IN STATE COURT.

6 Section 2254 of title 28, United States Code, is

7 amended by adding the following:

8 ‘‘(h)(1) A district court shall decline to consider a

9 claim under this section if—

10 ‘‘(A) the applicant previously failed to raise the

11 claim in State court at the time and in the manner

12 prescribed by State law; the State courts, for that

13 reason, refused or would refuse to entertain the

14 claim; such refusal would constitute an adequate and

15 independent State law ground that would foreclose

16 direct review of the State court judgment in the Su17 preme Court of the United States; and

18 ‘‘(B) the applicant fails to show cause for the

19 failure to raise the claim in State court and preju20 dice to the applicant’s right to fair proceedings or to

21 an accurate outcome resulting from the alleged viola22 tion of the Federal right asserted, or that failure to

23 consider the claim would result in a miscarriage of

24 justice.
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1 ‘‘(2) The court shall not find cause in any case in

2 which it appears that the applicant or counsel deliberately

3 withheld a claim from the State courts for strategic pur4 poses. An applicant may establish cause by showing that—

5 ‘‘(A) the factual basis of the claim could not

6 have been discovered by the exercise of reasonable

7 diligence before the applicant could have raised the

8 claim in State court;

9 ‘‘(B) the claim relies on a decision of the Su10 preme Court of the United States, announced after

11 the applicant might have raised the claim in State

12 court; or

13 ‘‘(C) the failure to raise the claim in State

14 court was due to interference by State officials,

15 counsel’s ignorance or neglect, or counsel’s ineffec16 tive assistance in violation of the Constitution.’’.

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