Ashmus

ORDER RE: APPLICABILITY OF CHAPTER 151

I. BACKGROUND

A. Introduction

This matter comes before the Court on respondent’s request that the parties submit supplemental briefs addressing the applicability of Chapter 154 of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) to these proceedings. Chapter 154 provides expedited habeas review procedures and other substantive benefits to states that qualify to “opt in.” In order to qualify, states must establish a system to assure that capital defendants receive competent legal representation for their state habe-as claims. In view of the important consequences that attend a decision as to whether Chapter 154 applies to these proceedings, the Court granted respondent’s request and heard oral argument on the issue on November 9,1998.

B. Procedural History

Petitioner is a prisoner sentenced to death by the State of California. The California Supreme Court appointed counsel for his automatic appeal on March 4, 1987, and affirmed his conviction and death sentence on December 5, 1991, People v. Ashmus, 54 Cal.3d 932 , 2 Cal.Rptr.2d 112 , 820 P.2d 214 (1991), rehearing denied, Jan. 29, 1992, cert. denied, 506 U.S. 841 , 113…