28 U.S.C. § 2264 : US Code - Section 2264: Scope of Federal review; district court adjudications

Search 28 U.S.C. § 2264 : US Code - Section 2264: Scope of Federal review; district court adjudications

(a) Whenever a State prisoner under capital sentence files a
petition for habeas corpus relief to which this chapter applies,
the district court shall only consider a claim or claims that have
been raised and decided on the merits in the State courts, unless
the failure to raise the claim properly is -
(1) the result of State action in violation of the Constitution
or laws of the United States;
(2) the result of the Supreme Court's recognition of a new
Federal right that is made retroactively applicable; or
(3) based on a factual predicate that could not have been
discovered through the exercise of due diligence in time to
present the claim for State or Federal post-conviction review.
(b) Following review subject to subsections (a), (d), and (e) of
section 2254, the court shall rule on the claims properly before
it.