§ 16-91-204 - Legislative intent. - Arkansas Statutes

16-91-204. Legislative intent.

It is the express intent of this subchapter to comply with the requirements of the federal Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214, in an effort to obtain the benefits of that act concerning time limitations in which federal habeas corpus proceedings and appeals must be considered and decided, and for other purposes. Throughout this subchapter, references to "post-conviction" proceedings or petitions refer solely to those proceedings or petitions which are filed pursuant to the state rule or statute in which claims of ineffective assistance of counsel are cognizable, such as Arkansas Rules of Criminal Procedure 37. Specific reference to Rule 37 was avoided only because the General Assembly is aware that the form of relief provided for by that rule may, at some point in the future, be provided for by a different rule or statute. It is the intent of the General Assembly to ensure that this subchapter apply to Rule 37-type post-conviction proceedings, not to post-conviction proceedings in which claims of ineffective assistance are not cognizable. It is the intent of 16-91-202(e) to allow the appointment of counsel in the very limited circumstance in which, because of unique training, experience, or background, an attorney is clearly competent and qualified to represent an indigent petitioner in a capital post-conviction proceeding, but otherwise does not meet all of the criteria of 16-91-202(c). Section 16-91-202(e) was created for the specific purpose of permitting the appointment of experienced attorneys, including but not limited to, former prosecutors and judges who, because of the nature of their practice, are uniquely qualified to represent capital defendants but do not meet the specific defense-related requirements of 16-91-202(c).