Pub. L. 104-132, tit. I, sec. 101

FILING DEADLINES.

EnactedYear: 1996Length: 226 wordsOfficial source
SEC. 101. FILING DEADLINES. Section 2244 of title 28, United States Code, is amended by adding at the end the following new subsection: “(d) (1) A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of— “(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review; “(B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action; “(C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or “(D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence. “(2) The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.”.
Pub. L. 104-132, tit. I, sec. 101: FILING DEADLINES. | Justis AI