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U.S. Code as of:
01/19/04
Section 2261. Prisoners in State custody subject to capital sentence; appointment of counsel; requirement of rule of court or statute; procedures for appointment
(a) This chapter shall apply to cases arising under section 2254
brought by prisoners in State custody who are subject to a capital
sentence. It shall apply only if the provisions of subsections (b)
and (c) are satisfied.
(b) This chapter is applicable if a State establishes by statute,
rule of its court of last resort, or by another agency authorized
by State law, a mechanism for the appointment, compensation, and
payment of reasonable litigation expenses of competent counsel in
State post-conviction proceedings brought by indigent prisoners
whose capital convictions and sentences have been upheld on direct
appeal to the court of last resort in the State or have otherwise
become final for State law purposes. The rule of court or statute
must provide standards of competency for the appointment of such
counsel.
(c) Any mechanism for the appointment, compensation, and
reimbursement of counsel as provided in subsection (b) must offer
counsel to all State prisoners under capital sentence and must
provide for the entry of an order by a court of record -
(1) appointing one or more counsels to represent the prisoner
upon a finding that the prisoner is indigent and accepted the
offer or is unable competently to decide whether to accept or
reject the offer;
(2) finding, after a hearing if necessary, that the prisoner
rejected the offer of counsel and made the decision with an
understanding of its legal consequences; or
(3) denying the appointment of counsel upon a finding that the
prisoner is not indigent.
(d) No counsel appointed pursuant to subsections (b) and (c) to
represent a State prisoner under capital sentence shall have
previously represented the prisoner at trial or on direct appeal in
the case for which the appointment is made unless the prisoner and
counsel expressly request continued representation.
(e) The ineffectiveness or incompetence of counsel during State
or Federal post-conviction proceedings in a capital case shall not
be a ground for relief in a proceeding arising under section 2254.
This limitation shall not preclude the appointment of different
counsel, on the court's own motion or at the request of the
prisoner, at any phase of State or Federal post-conviction
proceedings on the basis of the ineffectiveness or incompetence of
counsel in such proceedings.
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