Does the Sixth Amendment right to counsel extend to federal habeas corpus actions by state prisoners?

The Sixth Amendment right to counsel does not extend to federal habeas corpus actions by state prisoners. McCleskey v. Zant, 499 U.S. 467, 495 (1991); Nevius v. Sumner, 105 F.3d 453, 460 (9th Cir. 1996). However, habeas petitioners may obtain representation whenever the court "determines that the interests of justice so require."

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18 U.S.C. 3006(a)(2)(B); Terrovona v. Kincheloe, 912 F.2d 1176, 1181 (9th Cir. 1990). The interests of justice require appointment of counsel when the court conducts an evidentiary hearing on the petition. Id. at 1177. Unless an evidentiary hearing is required, the decision to appoint counsel is within the discretion of the district court. Id.

The court may exercise its discretion and deny a request for counsel where the "pleadings illustrate . . . that [petitioner] ha[s] a good understanding of the issues and the ability to present forcefully and coherently his contentions." LaMere v. Risley, 827 F.2d 622, 626 (9th Cir. 1987).