United States Tenth Circuit

Counsel appointed under 21 U.S.C. section 848(q)(4)(B) to represent state death row inmates in 28 U.S.C. section 2254 proceedings are authorized by the statute to represent these clients in state clemency proceedings and are entitled to compensation for such representation.

Appellate Information

• Decided 01/31/2006
• Published 01/31/2006

Judges

• LUCERO, Circuit Judge., Before TACHA, Chief Circuit Judge, EBEL, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs:   Steven M. Presson and Robert W. Jackson, Jackson & Presson, P.C., Norman, OK, for Movants-Appellants., Susan M. Otto, Federal Public Defender for the Western District of Oklahoma, and Scott W. Braden, Assistant Federal Public Defender, Death Penalty Federal Habeas Corpus Division, Oklahoma City, OK, filed an amicus curiae brief for the Federal Public Defender for the Western District of Oklahoma in Support of Petitioner-Appellant.


• For Appellees:
  
• David E. O'Meilia, United States Attorney, and Kevin Danielson, Assistant United States Attorney, Northern District of Oklahoma, Tulsa, OK, for Appellee.