Federal · Title 28 — Judiciary and Judicial Procedure

28 U.S.C. § 2265: Certification and judicial review

Civil

What this law says, in plain English

This statute establishes procedures for federal certification of state death-penalty legal systems, requiring states to provide competent counsel and reasonable litigation expenses for indigent prisoners' postconviction appeals, with judicial review of certification decisions.

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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; the date on which the mechanism described in subparagraph (A) was established; and whether the State provides standards of competency for the appointment of counsel in proceedings described in subparagraph (A). The date the mechanism described in paragraph (1)(A) was established shall be the effective date of the certification under this subsection. There are no requirements for certification or for application of this chapter other than those expressly stated in this chapter. The Attorney General shall promulgate regulations to implement the certification procedure under subsection (a). 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. 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 . The determination by the Attorney General regarding whether to certify a State under this section shall be subject to de novo review.

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