28 U.S.C. § 2252
Section 2252 · Notice
This is the Antiterrorism and Effective Death Penalty Act of 1996
Amended 1 time on record
Applied in 20 court decisions — leading case United States v. Ellison (1997)
Most recently applied in 2023 IL App (5th) 210218 - Jordan v. Hale (October 2023)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Prior to the hearing of a habeas corpus proceeding in behalf of a person in custody of State officers or by virtue of State laws notice shall be served on the attorney general or other appropriate officer of such State as the justice or judge at the time of issuing the writ shall direct.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §462 (R.S. §762).
Section 462 of title 28, U.S.C., 1940 ed., was limited to alien prisoners described in section 453 of title 28, U.S.C., 1940 ed. The revised section extends to all cases of all prisoners under State custody or authority, leaving it to the justice or judge to prescribe the notice to State officers, to specify the officer served, and to satisfy himself that such notice has been given.
Provision for making due proof of such service was omitted as unnecessary. The sheriff's or marshal's return is sufficient.
Changes were made in phraseology.