Tenth Circuit Summaries - April 2006
| Publication year | 2006 |
| Pages | 165 |
| Citation | Vol. 35 No. 4 Pg. 165 |
2006, April, Pg. 165. Tenth Circuit Summaries - April 2006
April 2006
Vol. 35, No. 4 [Page 165]
Summaries of selected Opinions appear on a space-available basis. The summaries are prepared for the Colorado Bar Association by Jenine Jensen and Catherine Campbell, licensed Colorado attorneys. The summaries of the U.S. Court of Appeals for the Tenth Circuit are provided as a service by the Colorado Bar Association and are not the official language of the Court. The Colorado Bar Association cannot guarantee the accuracy or completeness of the summaries. Full copies of the Tenth Circuit decisions are accessible from the CBA website, http: //www.cobar.org/hotlinks.cfm (United States Courts link to the Tenth Circuit).
Habeas Corpus Proceeding Clemency Proceeding - 21 U.S.C. § 848(q)(4)(B) - State Clemency
Hain v. Mullin, No. 05-5039, 01/23/2006, N.D.Okla., Judge Lucero.
The Tenth Circuit Court of Appeals granted initial en banc hearing to consider the scope of 21 U.S.C. § 848(q)(4)(B), which provides federally funded counsel for indigent state death row prisoners who are seeking federal habeas relief. The district court denied payment to defendant's attorneys, ruling that the statute does not authorize federal funding for state clemency representation.
The statute 28 U.S.C. § 2254 authorizes the appointment of one or more attorneys and the furnishing of "other services." Another section of the statute provides that each appointed attorney shall represent the defendant through every subsequent stage of available judicial proceedings, including proceedings for executive or other clemency as may be available to defendant.
The Circuit reversed the district court's judgment. The Court holds that counsel appointed under § 848(q)(4)(B) to represent state death row inmates in state habeas corpus proceedings are authorized by the statute to represent those clients in state clemency proceedings, and are entitled to compensation for clemency representation. There is no indication in the statute that it is limited to federal proceedings. The judgment was reversed.
Dismissal Without Prejudice - Jurisdiction - Standing - Leave to Amend Complaint
Brereton v. Bountiful City Corp., No. 05-4067, 01/26/2006, D.Utah, Judge Porfilio.
Plaintiff sued defendant Bountiful City, Utah, challenging a parking ordinance. He had not been ticketed, but he feared he would be. He filed suit, asserting that the ordinance...
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