Any such application that is presented to a court, justice, 
or judge other than a district court shall be transferred 
to the appropriate district court for consideration or dis-
missal in conformity with this subsection, except that a 
court of appeals panel must authorize any second or suc-
cessive application in conformity with section 2244 before 
any consideration by the district court. 
‘‘(2) This subsection applies to an application for a 
writ of habeas corpus on behalf of a person in custody 
pursuant to the judgment of a State court for a crime 
that involved the killing of a individual who has not at-
tained the age of 18 years. 
‘‘(3) For an application described in paragraph (2), 
the following requirements shall apply in the district court: 
‘‘(A) Any motion by either party for an evi-
dentiary hearing shall be filed and served not later 
than 90 days after the State files its answer or, if 
no timely answer is filed, the date on which such an-
swer is due. 
‘‘(B) Any motion for an evidentiary hearing 
shall be granted or denied not later than 30 days 
after the date on which the party opposing such mo-
tion files a pleading in opposition to such motion or, 
if no timely pleading in opposition is filed, the date 
on which such pleading in opposition is due.
‘‘(C) Any evidentiary hearing shall be— 
‘‘(i) convened not less than 60 days after 
the order granting such hearing; and 
‘‘(ii) completed not more than 150 days 
after the order granting such hearing. 
‘‘(D) A district court shall enter a final order, 
granting or denying the application for a writ of ha-
beas corpus, not later than 15 months after the date 
on which the State files its answer or, if no timely 
answer is filed, the date on which such answer is 
due, or not later than 60 days after the case is sub-
mitted for decision, whichever is earlier. 
‘‘(E) If the district court fails to comply with 
the requirements of this paragraph, the State may 
petition the court of appeals for a writ of mandamus 
to enforce the requirements. The court of appeals 
shall grant or deny the petition for a writ of man-
damus not later than 30 days after such petition is 
filed with the court. 
‘‘(4) For an application described in paragraph (2), 
the following requirements shall apply in the court of ap-
peals: 
‘‘(A) A timely filed notice of appeal from an 
order issuing a writ of habeas corpus shall operate
as a stay of that order pending final disposition of 
the appeal. 
‘‘(B) The court of appeals shall decide the ap-
peal from an order granting or denying a writ of ha-
beas corpus— 
‘‘(i) not later than 120 days after the date 
on which the brief of the appellee is filed or, if 
no timely brief is filed, the date on which such 
brief is due; or 
‘‘(ii) if a cross-appeal is filed, not later 
than 120 days after the date on which the ap-
pellant files a brief in response to the issues 
presented by the cross-appeal or, if no timely 
brief is filed, the date on which such brief is 
due. 
‘‘(C)(i) Following a decision by a panel of the 
court of appeals under subparagraph (B), a petition 
for panel rehearing is not allowed, but rehearing by 
the court of appeals en banc may be requested. The 
court of appeals shall decide whether to grant a peti-
tion for rehearing en banc not later than 30 days 
after the date on which the petition is filed, unless 
a response is required, in which case the court shall 
decide whether to grant the petition not later than 
30 days after the date on which the response is filed
or, if no timely response is filed, the date on which 
the response is due. 
‘‘(ii) If rehearing en banc is granted, the court 
of appeals shall make a final determination of the 
appeal not later than 120 days after the date on 
which the order granting rehearing en banc is en-
tered. 
‘‘(D) If the court of appeals fails to comply 
with the requirements of this paragraph, the State 
may petition the Supreme Court or a justice thereof 
for a writ of mandamus to enforce the requirements. 
‘‘(5)(A) The time limitations under paragraphs (3) 
and (4) shall apply to an initial application described in 
paragraph (2), any second or successive application de-
scribed in paragraph (2), and any redetermination of an 
application described in paragraph (2) or related appeal 
following a remand by the court of appeals or the Supreme 
Court for further proceedings. 
‘‘(B) In proceedings following remand in the district 
court, time limits running from the time the State files 
its answer under paragraph (3) shall run from the date 
the remand is ordered if further briefing is not required 
in the district court. If there is further briefing following 
remand in the district court, such time limits shall run 
from the date on which a responsive brief is filed or, if
no timely responsive brief is filed, the date on which such 
brief is due. 
‘‘(C) In proceedings following remand in the court of 
appeals, the time limit specified in paragraph (4)(B) shall 
run from the date the remand is ordered if further briefing 
is not required in the court of appeals. If there is further 
briefing in the court of appeals, the time limit specified 
in paragraph (4)(B) shall run from the date on which a 
responsive brief is filed or, if no timely responsive brief 
is filed, from the date on which such brief is due. 
‘‘(6) The failure of a court to meet or comply with 
a time limitation under this subsection shall not be a 
ground for granting relief from a judgment of conviction 
or sentence, nor shall the time limitations under this sub-
section be construed to entitle a capital applicant to a stay 
of execution, to which the applicant would otherwise not 
be entitled, for the purpose of litigating any application 
or appeal. 
‘‘(k) SENTENCING CLAIMS.—A court, justice, or 
judge shall not have jurisdiction to consider an application 
with respect to an error relating to the applicant’s sen-
tence or sentencing that has been found to be harmless 
or not prejudicial in State court proceedings, or that was 
found by a State court to be procedurally barred, unless 
a determination that the error is not structural is contrary