[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 105 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 105

 To repeal the habeas corpus requirement that a Federal court defer to 
State court judgments and uphold a conviction regardless of whether the 
  Federal court believes that the State court erroneously interpreted 
 constitutional law, except in cases where the Federal court believes 
            the State court acted in an unreasonable manner.


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                   IN THE SENATE OF THE UNITED STATES

                            January 21, 1997

 Mr. Moynihan introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

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                                 A BILL


 
 To repeal the habeas corpus requirement that a Federal court defer to 
State court judgments and uphold a conviction regardless of whether the 
  Federal court believes that the State court erroneously interpreted 
 constitutional law, except in cases where the Federal court believes 
            the State court acted in an unreasonable manner.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REPEAL OF THE REQUIREMENT THAT A FEDERAL COURT DEFER TO A 
              STATE COURT UNLESS THE STATE COURT ACTED IN AN 
              UNREASONABLE MANNER IN HABEAS CORPUS CASES.

    (a) Repeal.--Subsection (d) of section 2254 of title 28, United 
States Code, is repealed.
    (b) Conforming Amendment.--Section 2264(b) of title 28, United 
States Code, is amended by striking ``, (d),''.
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