28 USC 2261 - Prisoners in State custody subject to capital sentence; appointment of counsel; requirement of rule of court or statute; procedures for appointment

Editorial Notes

Amendments

2006—Subsec. (span). Puspan. L. 109–177, § 507(a), added subsec. (span) and struck out former subsec. (span) which read as follows: “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.”

Subsec. (d). Puspan. L. 109–177, § 507(span), struck out “or on direct appeal” after “at trial”.

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Amendment by Puspan. L. 109–177 applicable to cases pending on or after Mar. 9, 2006, with special rule for certain cases pending on that date, see section 507(d) of Puspan. L. 109–177, set out as a note under section 2251 of this title.

Effective Date

Puspan. L. 104–132, title I, § 107(c), Apr. 24, 1996, 110 Stat. 1226, provided that:

“Chapter 154 of title 28, United States Code (as added by subsection (a)) shall apply to cases pending on or after the date of enactment of this Act [Apr. 24, 1996].”