Harbison v. Bell (2008)
- Docket
- 07-8521
- Decided
- 2008-01-01
Summary
Question: 1) According to 28 U.S.C. Section 2254, is a certificate of appealability required to appeal an order denying a request for federally-funded counsel? 2) Does 18 U.S.C. Section 3599 permit federally-funded habeas counsel to represent a condemned inmate in state clemency proceedings when the state has denied state-funded counsel for that purpose? Conclusion: No and Yes. First, the Supreme Court held that a certificate of appealability (COA) is not required to appeal an order denying a request for federally appointed counsel. With Justice John Paul Stevens writing for the majority, and joined by Justices Anthony M. Kennedy, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer, the Court reasoned that a COA is only required to appeal final orders in habeas corpus petitions. Here, Mr. Harbison did not require a COA because he merely appealed an order denying his request to expand the authority of his federally appointed counsel. Second, the Supreme Court held that federally appointed counsel may represent their clients in state clemency proceedings and are entitled to compensation for such representation. The Court stated that the plain language of 18 U.S.C. Section 3599 authorized federally appointed counsel to represent their clients in those proceedings "as may become available to the defendant", reasoning that state clemency proceedings met this description. Chief Justice John G. Roberts and Justice Clarence Thomas each wrote separately concurring in the judgment. Justice Antonin G. Scalia, joined by Justice Samuel A. Alito, concurred in part and dissented in part. He agreed that a COA was not required to appeal an order denying the expansion of a federally appointed counsel's authority. However, he disagreed that 18 U.S.C. Section 3599 authorizes state prisoners' federally funded counsel to pursue state clemency on their clients' behalf.