S 1817 · 96th Congress · Crime and Law Enforcement

A bill to amend Title 28, United States Code, to provide that State prisoners and Federal prisoners shall not be denied Federal habeas corpus relief on the ground that such prisoners were previously afforded a full and fair opportunity to litigate their claims, and for other purposes.

Introduced 1979-09-25· Sponsored by Sen. Nelson, Gaylord [D-WI]· Senate

Bill Progress

Introduced
2
Committee
3
Senate Vote
4
House
5
Enacted
Latest: Referred to Senate Committee on the Judiciary.(1979-09-25)

Plain Language Summary

[AI summary unavailable — showing source text] Stipulates that a Federal court shall not deny an application for habeas corpus relief by a person in custody under a State court order on the grounds that: (1) the State afforded such person a full and fair opportunity to raise and have decided his claim; or (2) the applicant did not raise the claim at trial or in any pretrial proceeding unless after a hearing the court finds that the applicant understandingly and knowingly forwent the privilege of seeking to vindicate his claim in the State courts. Applies the same provisions with respect to a prisoner in Federal custody who moves the court to vacate, set aside, or correct his sentence.…

Summarized by Claude AI · Non-partisan · For informational purposes only