S. 388694th CongressSenate Bill

Directs that an otherwise proper application for a writ of habeas corpus in behalf of a person in custody pursuant to a judgment of a State…

Official title: A bill to amend title 28, United States Code, to make clear that State or Federal prisoners who are otherwise eligible for Federal habeas corpus relief may not be denied such relief on the ground that such State or Federal Government provided an opportunity for a full and fair litigation of a constitutional claim, and for other purposes.

Introduced in the SenateDead

This bill died when its Congress ended.

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Directs that an otherwise proper application for a writ of habeas corpus in behalf of a person in custody pursuant to a judgment of a State court be entertained in a U.S. district court without regard to whether the State court afforded the applicant an opportunity to fully and fairly litigate the issue constituting the basis of such application, so long as the applicant did not deliberately bypass a procedure through which such claim could have been presented. Prohibits any provision of law or any rule prescribed by the Supreme Court from precluding a Federal court from granting appropriate relief to a prisoner whom it has sentenced upon its finding that the judgment was rendered without jurisdiction, that the sentence imposed was unauthorized, or that the prisoner's constitutional rights have been denied or infringed, unless it also finds that the prisoner deliberately bypassed a procedure available to assert his constitutional rights. (Amends 28 U.S.C. 2254; 2255)

Introduced Oct 1, 1976
1
Introduced

Filed in the Senate

2
Passed Senate
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Passed House
4
Became Law

This senate bill has been filed and is working its way through Congress. It will need to pass both the Senate and the House, then be signed by the President to become law.

Who introduced this

GN

Gaylord Nelson

Democrat

U.S. Senator · WI

Introduced solo — no cosponsors joined.

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