legislation: 94-hr-15319

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bill_id congress bill_type bill_number title policy_area introduced_date latest_action_date latest_action_text origin_chamber sponsor_name sponsor_state sponsor_party sponsor_bioguide_id cosponsor_count summary_text update_date url
94-hr-15319 94 hr 15319 A bill to approve in whole or in part, with amendments, certain rules relating to cases and proceedings under sections 2254 and 2255 of title 28 of the United States Code. Crime and Law Enforcement 1976-08-30 1976-09-28 Public law 94-426. House Rep. Hungate, William L. [D-MO-9] MO D H000965 0 (Reported to House from the Committee on the Judiciary with amendment, H. Rept. 94-1471) Approves the habeas corpus rules promulgated by the Supreme Court on April 26, 1976, as amended by this Act, and makes such rules effective with respect to petitions and motions filed on or after February 1, 1977. Provides that a petition or motion for habeas corpus shall be in substantially the form required by the rules. Deletes the rebuttable presumption that filing a writ of habeas corpus more than five years after the judgment of conviction results in prejudice to the State which may justify dismissal. Sets aside the former power of a judge to dismiss a second or successive petition, even if new grounds of relief were alleged, if the judge determined that prior failure to assert such grounds was not excusable. Permits such a dismissal only if the prior failure to assert such grounds constituted an abuse of the unit. Revises specified procedural aspects of rules governing cases involving a petition for the writ of habeas corpus. 2025-04-07T14:20:19Z  

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