What is the test for appointing counsel to represent an indigent defendant in section 2255 of the Civil Procedure Act?
MultiRegion, United States of America
The following excerpt is from Brown v. U.S., 623 F.2d 54 (9th Cir. 1980):
We have held that counsel must be appointed to represent indigent defendants in 2255 proceedings when the complexities of the case are such that denial of counsel would amount to a denial of due process. Dillon v. United States, 307 F.2d 445, 446-47 (9th Cir. 1962). "In the absence of such circumstances, a request for counsel in proceedings under section 2255 is addressed to the sound discretion of the trial court." Id. at 447.
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