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

(a) This chapter applies to § 2254 cases brought by state prisoners under a capital sentence, but only if subsections (b) and (c) are satisfied. (b) Counsel. The chapter applies if (1) the Attorney General certifies that the State has a § 2265 counsel mechanism and (2) counsel was appointed under it, the prisoner validly waived counsel, the prisoner retained counsel, or the prisoner was found not indigent. (c) The mechanism must offer counsel to every state prisoner under a capital sentence and require a court of record to enter an order (1) appointing one or more lawyers after finding the prisoner indigent and accepting the offer or unable to decide competently whether to accept it; (2) finding, after a hearing if needed, that the prisoner rejected counsel knowingly and understood the legal consequences; or (3) denying counsel after finding the prisoner not indigent. (d) Appointed counsel may not previously have represented the prisoner at trial in the case, unless the prisoner and counsel expressly request continued representation. (e) Ineffective or incompetent counsel during state or federal post-conviction proceedings in a capital case is not a ground for relief under § 2254. This does not prevent appointing different counsel, on the court’s own initiative or the prisoner’s request, at any phase of those proceedings because existing counsel was ineffective or incompetent.