Certification and judicial review

  1. Law
  2. USC 28
  3. Judiciary And Judicial Procedure
  4. PARTICULAR PROCEEDINGS
  5. SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
  6. Certification and judicial review

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§2265. Certification and judicial review

(a) Certification.-

(1) In general.-If requested by an appropriate State official, the Attorney General of the United States shall determine-

(A) whether the State has established a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State postconviction proceedings brought by indigent prisoners who have been sentenced to death;

(B) the date on which the mechanism described in subparagraph (A) was established; and

(C) whether the State provides standards of competency for the appointment of counsel in proceedings described in subparagraph (A).


(2) Effective date.-The date the mechanism described in paragraph (1)(A) was established shall be the effective date of the certification under this subsection.

(3) Only express requirements.-There are no requirements for certification or for application of this chapter other than those expressly stated in this chapter.


(b) Regulations.-The Attorney General shall promulgate regulations to implement the certification procedure under subsection (a).

(c) Review of Certification.-

(1) In general.-The determination by the Attorney General regarding whether to certify a State under this section is subject to review exclusively as provided under chapter 158 of this title.

(2) Venue.-The Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction over matters under paragraph (1), subject to review by the Supreme Court under section 2350 of this title.

(3) Standard of review.-The determination by the Attorney General regarding whether to certify a State under this section shall be subject to de novo review.

(Added Pub. L. 109–177, title V, §507(c)(1), Mar. 9, 2006, 120 Stat. 250 .)

Prior Provisions

A prior section 2265, added Pub. L. 104–132, title I, §107(a), Apr. 24, 1996, 110 Stat. 1223 , related to the application of sections 2262, 2263, 2264, and 2266 of this title to State unitary review procedures, prior to repeal by Pub. L. 109–177, title V, §507(c)(1), Mar. 9, 2006, 120 Stat. 250 .

Effective Date

Section 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 Pub. L. 109–177, set out as an Effective Date of 2006 Amendment note under section 2251 of this title.


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