A bill to reform procedures for collateral review of criminal judgements, and for other purposes.
Reform of Federal Intervention in State Proceedings Act of 1984 - Amends the Federal judicial code to condition consideration of a habeas corpus claim by a prisoner on a showing of actual prejudice resulting from the Federal right violated and that: (1) State or Federal Government action precluded assertion of that right; (2) the Federal right did not previously exist; or (3) the factual basis of the claim could not have been discovered by reasonable diligence.
Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners, and a two-year statute of limitations for similar motions made by Federal prisoners.
Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals.
Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies.
Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings.
Committee on Judiciary. Measure incorporated into measure S. 1763 ordered to be reported.
Introduced in Senate
Read twice and referred to the Committee on Judiciary.
Committee on Judiciary. Ordered to be reported in lieu of S. 217 without amendment favorably.
Committee on Judiciary. Reported to Senate by Senator Thurmond without amendment. Without written report.
Committee on Judiciary. Reported to Senate by Senator Thurmond without amendment. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 354.
Committee on Judiciary filed written report. Report No. 98-226.
Committee on Judiciary filed written report. Report No. 98-226.
Measure laid before Senate.
Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 67-9. Record Vote No: 11.
Roll Call #11 (Senate)Passed Senate with an amendment by Yea-Nay Vote. 67-9. Record Vote No: 11.
Roll Call #11 (Senate)checking server…
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Referred to House Committee on The Judiciary.
Referred to Subcommittee on Courts, Civil Liberties, and the Administration of Justice.