Cite as: 512 U. S. 849 (1994)
Thomas, J., dissenting
ful. See ante, at 855. See also ante, at 860 (O'Connor, J., concurring in judgment in part and dissenting in part). But here, as in any case of statutory interpretation, our primary guide to Congress' intent should be the text of the statute. The relevant terms of § 848(q)(4)(B) state that an indigent prisoner shall be entitled to an attorney and "investigative, expert, or other reasonably necessary services" only "[i]n any post conviction proceeding under section 2254 . . . seeking to vacate or set aside a death sentence." The clear import of the provision is that an indigent prisoner is not entitled to an attorney or to other services under the section until a "post conviction proceeding under section 2254" exists—that is, not until after such a proceeding has been commenced in district court.
The Court appears to acknowledge that a § 2254 proceeding must be initiated before counsel can be appointed under § 848(q)(4)(B), but asserts that "[n]either the federal habeas corpus statute . . . nor the rules governing habeas corpus proceedings define a 'post conviction proceeding' under §2254 . . . or expressly state how such a proceeding shall be commenced." Ante, at 854. It is difficult to imagine, however, how the federal habeas statute could be more "express" on the matter. As Justice O'Connor explains in detail, the statute makes clear that a "proceeding" is commenced only with the filing of an application for a writ of habeas corpus. See ante, at 862-863 (concurring in judgment in part and dissenting in part).1 Section 2254(d), for example, provides that the well-known presumption of correctness of state court findings of fact attaches "[i]n any proceeding instituted
1 Justice O'Connor, of course, discusses the question of how a habeas "proceeding" is commenced in the context of determining whether a district court has jurisdiction under § 2251 to enter a stay of execution prior to the filing of an application for habeas relief. See 28 U. S. C. § 2251 ("A justice or judge of the United States before whom a habeas corpus proceeding is pending, may . . . stay any proceeding against the person detained" under state authority) (emphasis added).
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