U.S. Code » Title 28 » Part PART VI— PARTICULAR PROCEEDINGS › Chapter CHAPTER 154— SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES

28 U.S.C. § 2262

Mandatory stay of execution; duration; limits on stays of execution; successive petitions

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(a) Upon the entry in the appropriate State court of record of an order under section 2261(c), a warrant or order setting an execution date for a State prisoner shall be stayed upon application to any court that would have jurisdiction over any proceedings filed under section 2254. The application shall recite that the State has invoked the post-conviction review procedures of this chapter and that the scheduled execution is subject to stay.(b) A stay of execution granted pursuant to subsection (a) shall expire if—(1) a State prisoner fails to file a habeas corpus application under section 2254 within the time required in section 2263;(2) before a court of competent jurisdiction, in the presence of counsel, unless the prisoner has competently and knowingly waived such counsel, and after having been advised of the consequences, a State prisoner under capital sentence waives the right to pursue habeas corpus review under section 2254; or(3) a State prisoner files a habeas corpus petition under section 2254 within the time required by section 2263 and fails to make a substantial showing of the denial of a Federal right or is denied relief in the district court or at any subsequent stage of review.(c) If one of the conditions in subsection (b) has occurred, no Federal court thereafter shall have the authority to enter a stay of execution in the case, unless the court of appeals approves the filing of a second or successive application under section 2244(b).(Added Pub. L. 104–132, title I, § 107(a), Apr. 24, 1996, 110 Stat. 1222.)Statutory Notes and Related SubsidiariesEffective Date

Section applicable to cases pending on or after Apr. 24, 1996, see section 107(c) of Pub. L. 104–132, set out as a note under section 2261 of this title.

Notes of Decisions
Cited in 12 cases, 1996–2020 · leading case: Ernest Porter v. Pennsylvania Dep't of Cor, 974 F.3d 431 (3d Cir. 2020).
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Ernest Porter v. Pennsylvania Dep't of Cor, 974 F.3d 431 (3d Cir. 2020). “4(12) provides: “If a certificate of appealability is granted, the court must state the issues that merit the granting of a certificate and must also grant a stay pending disposition of the appeal, except as provided in 28 U.S.C. § 2262 .” E.D. Pa. Civ. R. 9.4(12).”
Aaron Lindh v. James P. Murphy, Warden, 96 F.3d 856 (7th Cir. 1996). “For example, the new 28 U.S.C. § 2262 (a) provides for automatic stays of execution during initial collateral attacks covered by Chapter 154.”
In Re: Davis, 121 F.3d 952 (5th Cir. 1997). “The Ninth Circuit noted that a Ford claim will always be premature if asserted in a first habeas application, either because no execution date has been scheduled, or because of the automatic stay provision applicable, under certain circumstances, to first habeas applications,…”
Perez v. Marshall, 946 F. Supp. 1521 (S.D. Cal. 1996). “at 1222 (to be codified at 28 U.S.C. § 2262 ) (setting up special procedures regarding staying an "execution date”); id.”
Spears v. Stewart, 283 F.3d 992 (9th Cir. 2002). “28 U.S.C. § 2262 . Upon receiving the order granting or denying counsel under a system in compliance with § 2261, the petitioner may apply to any federal district court for an automatic stay of execution, which remains in place throughout all state-court collateral proceedings…”
Curtis v. Class, 939 F. Supp. 703 (D.S.D. 1996). “(citing 28 U.S.C. §§ 2262 (e) and 2264(b)). Finally, the district court concluded that the specific language in section 107(c) of the Act was necessary to negate an inference created by 28 U.”
Williams v. Cain, 117 F.3d 863 (5th Cir. 1997). “See 28 U.S.C. § 2262 (c) (providing that if a stay of execution expires under certain articulated circumstances, "no Federal court thereafter shall have the authority to enter a stay of execution in the case, unless the court of appeals approves the filing of a second or…”
Anthony Marshall Spears v. Terry Stewart, Dir. of the Arizona Dep't of Corr., Opinion, 267 F.3d 1026 (9th Cir. 2002). “28 U.S.C. § 2262 . Upon receiving the order granting or denying counsel under a system in compliance with § 2261, the petitioner may apply to any federal district court for an automatic stay of execution, which remains in place throughout all state-court collateral proceedings…”
Ashmus v. Calderon, 123 F.3d 1199 (9th Cir. 1997). “If the petitioner fails to file a federal petition within this time period, “no Federal court thereafter shall have the authority to enter a stay of execution in the case, unless the court of appeals approves the filing of a second or successive application under section 2244(b).”
Hill v. Butterworth, 133 F.3d 783 (11th Cir. 1997). “See 28 U.S.C. § 2262 (a)-(c). A three-judge panel of the circuit court must approve any additional stay of execution.”
Hill v. Butterworth, 133 F.3d 783 (11th Cir. 1997). · cites it 2× “§ 2254 ,2 1 See 28 U.S.C. § 2262 (a)-(c). A three-judge panel of the circuit court must approve any additional stay of execution.”
In re: Williams v. (4th Cir. 2003). “reference to § 2244(b) in the provision relating to stays of execution, see 28 U.S.C.A. § 2262 (c) (West Supp. 2002).”
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