Harbison v. Bell, Warden
“In reversing a 6th Circuit opinion, the U.S. Supreme Court has found that a certificate of appealability is not required to appeal a denial of federally appointed counsel, and that federally appointed counsel may represent clients in state clemency proceedings and be compensated for that representation. Following Tennessee state courts’ rejection of Petitioner’s conviction and death penalty challenges, a federal public defender had been appointed to represent him in a habeas petition. Upon denial of that petition, counsel sought to continue representing Petitioner in state clemency proceedings since Tennessee does not provide counsel for such proceedings. The District Court had denied the motion, and the 6th Circuit had affirmed.”
For a copy of the slip opinion, see: http://www.supremecourtus.gov/opinions/08pdf/07-8521.pdf.
A Service from the ABA Criminal Justice Section, http://www.abanet.org/crimjust