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legislation: 94-s-3886

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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-s-3886 94 s 3886 A bill to amend title 28, United States Code, to make clear that State or Federal prisoners who are otherwise eligible for Federal habeas corpus relief may not be denied such relief on the ground that such State or Federal Government provided an opportunity for a full and fair litigation of a constitutional claim, and for other purposes. Law 1976-10-01 1976-10-01 Referred to Senate Committee on the Judiciary. Senate Sen. Nelson, Gaylord [D-WI] WI D N000033 0 Directs that an otherwise proper application for a writ of habeas corpus in behalf of a person in custody pursuant to a judgment of a State court be entertained in a U.S. district court without regard to whether the State court afforded the applicant an opportunity to fully and fairly litigate the issue constituting the basis of such application, so long as the applicant did not deliberately bypass a procedure through which such claim could have been presented. Prohibits any provision of law or any rule prescribed by the Supreme Court from precluding a Federal court from granting appropriate relief to a prisoner whom it has sentenced upon its finding that the judgment was rendered without jurisdiction, that the sentence imposed was unauthorized, or that the prisoner's constitutional rights have been denied or infringed, unless it also finds that the prisoner deliberately bypassed a procedure available to assert his constitutional rights. (Amends 28 U.S.C. 2254; 2255) 2025-07-21T19:32:26Z  

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  • 2 rows from bill_id in legislation_actions
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