§ 2265. — Application to State unitary review procedure.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC2265]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART VI--PARTICULAR PROCEEDINGS
CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
Sec. 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.
(Added Pub. L. 104-132, title I, Sec. 107(a), Apr. 24, 1996, 110 Stat.
1223.)
