Is a defendant entitled to counsel in a habeas proceeding?

There currently exists no absolute right to counsel in habeas proceedings. See Anderson v. Heinze, 258 F.2d 479, 481 (9th Cir. 1958) ("The Sixth Amendment has no application here . . . ."). This court is authorized to appoint counsel for an indigent petitioner in a habeas proceeding if it determines that the interests of justice require the assistance of counsel. See

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Chaney v. Lewis, 801 F.2d 1191, 1196 (9th Cir. 1986); 18 U.S.C. 3006A(a)(2)(B). However, "[i]ndigent state prisoners applying for habeas corpus relief are not entitled to appointed counsel unless the circumstances of a particular case indicate that appointed counsel is necessary to prevent due process violations." Chaney v. Lewis, 801 F.2d at 1196. Appointment of counsel may be required if an evidentiary hearing is warranted. See Rules Governing Section 2254 Cases 8(c).