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U.S. Code as of:
01/19/04
Section 2265. Application to State unitary review procedure
(a) For purposes of this section, a "unitary review" procedure
means a State procedure that authorizes a person under sentence of
death to raise, in the course of direct review of the judgment,
such claims as could be raised on collateral attack. This chapter
shall apply, as provided in this section, in relation to a State
unitary review procedure if the State establishes by rule of its
court of last resort or by statute a mechanism for the appointment,
compensation, and payment of reasonable litigation expenses of
competent counsel in the unitary review proceedings, including
expenses relating to the litigation of collateral claims in the
proceedings. The rule of court or statute must provide standards of
competency for the appointment of such counsel.
(b) To qualify under this section, a unitary review procedure
must include an offer of counsel following trial for the purpose of
representation on unitary review, and entry of an order, as
provided in section 2261(c), concerning appointment of counsel or
waiver or denial of appointment of counsel for that purpose. No
counsel appointed to represent the prisoner in the unitary review
proceedings shall have previously represented the prisoner at trial
in the case for which the appointment is made unless the prisoner
and counsel expressly request continued representation.
(c) Sections 2262, 2263, 2264, and 2266 shall apply in relation
to cases involving a sentence of death from any State having a
unitary review procedure that qualifies under this section.
References to State "post-conviction review" and "direct review" in
such sections shall be understood as referring to unitary review
under the State procedure. The reference in section 2262(a) to "an
order under section 2261(c)" shall be understood as referring to
the post-trial order under subsection (b) concerning representation
in the unitary review proceedings, but if a transcript of the trial
proceedings is unavailable at the time of the filing of such an
order in the appropriate State court, then the start of the 180-day
limitation period under section 2263 shall be deferred until a
transcript is made available to the prisoner or counsel of the
prisoner.
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