Supreme Court Resumes Oral Arguments Today: Over at SCOTUSblog, Court watchers will find a wide array of posts on today's action in the U.S. Supreme Court. Oral argument transcripts for Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, et al. and Alaska v. Southeast Alaska Conservation Council, et al. can be found here, and the transcripts for Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Elahi and Harbison v. Bell are available here. Also on SCOTUSblog today is a post by Kristina Moore previewing today's arguments in Bell. Bell involves the right of prisoners to have federally funded counsel during state clemency proceedings. Moore's post gives the background of the case, as well as whether 18 U.S.C. ยง 3599's provision that for indigent capital defendants "unless replaced by a similarly qualified counsel upon the attorney or
defendant's own motion...each attorney so appointed shall represent the
defendant throughout every subsequent stage of available judicial
proceedings." Harbison was convicted of murdering a 62 year-old woman in 1985, and in 2006 a district court denied his request that his original federal habeas counsel be allowed to represent him in state clemency proceedings. According to Moore, Harbison's merits brief argues "it would be irrational to interpret Section 3599 to exclude state clemency proceedings[,]" because such an interpretation "would leave appointed counsel in federal
habeas proceedings without a job to do, as state prisoners may only
seek state clemency." While the State's merits brief did not weigh in on this issue, the U.S. Solicitor General, as amicus, noted that the amendments to the 1988 bill, which provided for funding for
"executive or other" clemency proceedings were added when the bill
focused exclusively on federal defendants and state post-conviction litigants were added at the last minute. The Solicitor General's brief argues Section 3599(e) provides counsel only for the federal proceedings "available" to defendants.
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