2254_Text

Sec. 2254. - State custody; remedies in Federal courts

(a)   The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain an application for a writ of
habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is
in custody in violation of the Constitution or laws or treaties of the United States.

(b) (1)   An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State
court shall not be granted unless it appears that -

(A) the applicant has exhausted the remedies available in the courts of the State; or

(B) (i) there is an absence of available State corrective process; or

(ii) circumstances exist that render such process ineffective to protect the rights of the applicant.

(2) An application for a writ of habeas corpus may be denied on the merits, notwithstanding the failure of the applicant
to exhaust the remedies available in the courts of the State.

(3) A State shall not be deemed to have waived the exhaustion requirement or be estopped from reliance upon the
requirement unless the State, through counsel, expressly waives the requirement.

(c)   An applicant shall not be deemed to have exhausted the remedies available in the courts of the State, within the
meaning of this section, if he has the right under the law of the State to raise, by any available procedure, the question
presented.

(d)   An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State
court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings
unless the adjudication of the claim -

(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal
law, as determined by the Supreme Court of the United States; or

(2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence
presented in the State court proceeding.

(e) (1) In a proceeding instituted by an application for a writ of habeas corpus by a person in custody pursuant to the
judgment of a State court, a determination of a factual issue made by a State court shall be presumed to be correct.
The applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence.

(2) If the applicant has failed to develop the factual basis of a claim in State court proceedings, the court shall not hold
an evidentiary hearing on the claim unless the applicant shows that -

(A) the claim relies on -

(i) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was
previously unavailable; or

(ii) a factual predicate that could not have been previously discovered through the exercise of due diligence; and

(B) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that but for
constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense.

(f) If the applicant challenges the sufficiency of the evidence adduced in such State court proceeding to support the
State court's determination of a factual issue made therein, the applicant, if able, shall produce that part of the record
pertinent to a determination of the sufficiency of the evidence to support such determination. If the applicant, because
of indigency or other reason is unable to produce such part of the record, then the State shall produce such part of the
record and the Federal court shall direct the State to do so by order directed to an appropriate State official. If the State
cannot provide such pertinent part of the record, then the court shall determine under the existing facts and
circumstances what weight shall be given to the State court's factual determination.

(g) A copy of the official records of the State court, duly certified by the clerk of such court to be a true and correct copy
of a finding, judicial opinion, or other reliable written indicia showing such a factual determination by the State court
shall be admissible in the Federal court proceeding.

(h) Except as provided in section 408 of the Controlled Substances Act, in all proceedings brought under this section,
and any subsequent proceedings on review, the court may appoint counsel for an applicant who is or becomes
financially unable to afford counsel, except as provided by a rule promulgated by the Supreme Court pursuant to
statutory authority. Appointment of counsel under this section shall be governed by section 3006A of title 18.

(i) The ineffectiveness or incompetence of counsel during Federal or State collateral post-conviction proceedings shall
not be a ground for relief in a proceeding arising under section 2254.