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U.S. Code as of:
01/19/04
Section 2262. Mandatory stay of execution; duration; limits on stays of execution; successive petitions
(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).
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