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§ 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.)



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