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28 U.S.C. § 2261 — Prisoners in State custody subject to capital sentence; appointment of counsel; requirement of rule of court or statute; procedures for appointment
Federal law — U.S. Code and appendices · legal_authorities
**(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) Counsel.—** This chapter is applicable if—
(1) the Attorney General of the United States certifies that a State has established a mechanism for providing counsel in postconviction proceedings as provided in section 2265; and
(2) counsel was appointed pursuant to that mechanism, petitioner validly waived counsel, petitioner retained counsel, or petitioner was found not to be indigent.
**(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 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 proceedin
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Source file: Laws/federal/codes/united-states-code/title-28/section-2261-prisoners-in-state-custody-subject-to-capital-sentence-appointment-of-co--68ba8d630e.md
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Source location: Title 28, Chapter 154, § 2261; chapter-154-special-habeas-corpus-procedures-in-capital-cases.md
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**(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) Counsel.—** This chapter is applicable if—
(1) the Attorney General of the United States certifies that a State has established a mechanism for providing counsel in postconviction proceedings as provided in section 2265; and
(2) counsel was appointed pursuant to that mechanism, petitioner validly waived counsel, petitioner retained counsel, or petitioner was found not to be indigent.
**(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 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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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) **Pending matters.—** — A justice or judge of the United States before whom a habeas corpus proceeding is pending, may, before final judgment or after final judgment of discharge, or pending appeal, stay any proceeding against the person detained in any State court or by or under the authority of any State for any matter involved in the habeas corpus proceeding.
(2) **Matter not pending.—** — For purposes of this section, a habeas corpus proceeding is not pending until the application is filed.
(3) **Application for appointment of counsel.—** — If a State prisoner sentenced to death applies for appointment of counsel pursuant to [section 3599(a)(2) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3599/a/2&num=0&edition=prelim) in a court that would have jurisdiction to entertain a habeas corpus application regarding that sentence, that court may stay execution of the sentence of death, but such stay shall terminate not later than 90 days after counsel is appointed or the application for appointment of counsel is withdrawn or denied.
**(b) No Further Proceedings.—** After the granting of such a stay, any such proceeding in any State court or by or under the authority of any State shall be void. If no stay is granted, any such proceeding shall be as valid as if no habeas corpus proceedings or appeal were pending.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2251
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Upon the entry in the appropriate State court of record of an order under section 2261(c), a warrant or order setting an execution date for a State prisoner shall be stayed upon application to any court that would have jurisdiction over any proceedings filed under section 2254. The application shall recite that the State has invoked the post-conviction review procedures of this chapter and that the scheduled execution is subject to stay.
**(b)** A stay of execution granted pursuant to subsection (a) shall expire if—
(1) a State prisoner fails to file a habeas corpus application under section 2254 within the time required in section 2263;
(2) before a court of competent jurisdiction, in the presence of counsel, unless the prisoner has competently and knowingly waived such counsel, and after having been advised of the consequences, a State prisoner under capital sentence waives the right to pursue habeas corpus review under section 2254; or
(3) a State prisoner files a habeas corpus petition under section 2254 within the time required by section 2263 and fails to make a substantial showing of the denial of a Federal right or is denied relief in the district court or at any subsequent stage of review.
**(c)** If one of the conditions in subsection (b) has occurred, no Federal court thereafter shall have the authority to enter a stay of execution in the case, unless the court of appeals approves the filing of a second or successive application under section 2244(b).
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2262
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any application under this chapter for habeas corpus relief under section 2254 must be filed in the appropriate district court not later than 180 days after final State court affirmance of the conviction and sentence on direct review or the expiration of the time for seeking such review.
**(b)** The time requirements established by subsection (a) shall be tolled—
(1) from the date that a petition for certiorari is filed in the Supreme Court until the date of final disposition of the petition if a State prisoner files the petition to secure review by the Supreme Court of the affirmance of a capital sentence on direct review by the court of last resort of the State or other final State court decision on direct review;
(2) from the date on which the first petition for post-conviction review or other collateral relief is filed until the final State court disposition of such petition; and
(3) during an additional period not to exceed 30 days, if—
(A) a motion for an extension of time is filed in the Federal district court that would have jurisdiction over the case upon the filing of a habeas corpus application under section 2254; and
(B) a showing of good cause is made for the failure to file the habeas corpus application within the time period established by this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2263
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever a State prisoner under capital sentence files a petition for habeas corpus relief to which this chapter applies, the district court shall only consider a claim or claims that have been raised and decided on the merits in the State courts, unless the failure to raise the claim properly is—
(1) the result of State action in violation of the Constitution or laws of the United States;
(2) the result of the Supreme Court’s recognition of a new Federal right that is made retroactively applicable; or
(3) based on a factual predicate that could not have been discovered through the exercise of due diligence in time to present the claim for State or Federal post-conviction review.
**(b)** Following review subject to subsections (a), (d), and (e) of section 2254, the court shall rule on the claims properly before it.
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2264
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The adjudication of any application under section 2254 that is subject to this chapter, and the adjudication of any motion under section 2255 by a person under sentence of death, shall be given priority by the district court and by the court of appeals over all noncapital matters.
**(b)**
(1)
(A) A district court shall render a final determination and enter a final judgment on any application for a writ of habeas corpus brought under this chapter in a capital case not later than 450 days after the date on which the application is filed, or 60 days after the date on which the case is submitted for decision, whichever is earlier.
(B) A district court shall afford the parties at least 120 days in which to complete all actions, including the preparation of all pleadings and briefs, and if necessary, a hearing, prior to the submission of the case for decision.
(C)
(i) A district court may delay for not more than one additional 30-day period beyond the period specified in subparagraph (A), the rendering of a determination of an application for a writ of habeas corpus if the court issues a written order making a finding, and stating the reasons for the finding, that the ends of justice that would be served by allowing the delay outweigh the best interests of the public and the applicant in a speedy disposition of the application.
(ii) The factors, among others, that a court shall consider in determining whether a delay in the disposition of an application is warranted are as follows:
(I) Whether the failure to allow the delay would be likely to result in a miscarriage of justice.
(II) Whether the case is so unusual or so complex, due to the number of defendants, the nature of the prosecution, or the existence of novel questions of fac
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2266
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Federal law — U.S. Code and appendices · legal_authorities
Page 583
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 2262
Sec.
2263.
Filing of habeas corpus application; time re-
quirements; tolling rules.
2264.
Scope of Federal review; district court adju-
dications.
2265.
Certification and judicial review.
2266.
Limitation periods for determining applica-
tions and motions.
Editorial Notes
AMENDMENTS
Pub. L. 109–177, title V, § 507(c)(2), Mar. 9, 2006, 120
Stat. 251, substituted ‘‘Certification and judicial re-
view’’ for ‘‘Application to State unitary review proce-
dure’’ in item 2265.
§ 2261. Prisoners in State custody subject to cap-
ital sentence; appointment of counsel; re-
quirement of rule of court or statute; proce-
dures 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) COUNSEL.—This chapter is applicable if—
(1) the Attorney General of the United
States certifies that a State has established a
mechanism
for
providing
counsel
in
postconviction proceedings as provided in sec-
tion 2265; and
(2) counsel was appointed pursuant to that
mechanism, petitioner validly waived counsel,
petitioner retained counsel, or petitioner was
found not to be indigent.
(c) Any mechanism for the appointment, com-
pensation, and reimbursement of counsel as pro-
vided 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 rep-
resent the prisoner upon a finding that the
prisoner is indigent and accepted the offer or
is unable competently to decide whether to ac-
cept or reject the offer;
(2) f
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 2261
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