Does a petitioner have an absolute right to counsel in a habeas proceeding?

First, a petitioner in a habeas proceeding does not have an absolute right to counsel. See Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 1958). There are three specific circumstances in which appointment of counsel is required in habeas proceedings. First, appointment of counsel is required for an indigent person seeking to vacate or set aside a death sentence in post-conviction proceedings under 28 U.S.C 2254 or 2255. See 18 U.S.C. 3599(a)(2). Second, appointment of counsel may be required if an evidentiary hearing is warranted. See Rules Governing 2254

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