Gonzales Samayoa v. Davis

18 U.S.C. 3599 permits federal appointment of additional counsel to represent a California death-row prisoner who is seeking state clemency where the State of California also provides for state clemency counsel. The Ninth Circuit reversed the district court's denial of petitioner's motion for the appointment of additional counsel from the Federal Public Defender Services for the District of Arizona (FPD-AZ). The panel held that the availability of state-appointed clemency counsel does not prevent the district court from appointing additional clemency counsel under section 3599 during post-habeas proceedings. Therefore, the panel remanded for the district court to determine whether appointment of additional counsel to represent petitioner is appropriate under the statute. View "Gonzales Samayoa v. Davis" on Justia Law