United States Sixth Circuit
Fautenberry v. Mitchell, 09-3819
In a capital murder matter, the District Court's order denying Petitioner's motion seeking funds to hire a neuropsychologist to assist in the preparation of his state clemency petition is affirmed, where Petitioner advanced no evidence from which the District Court could find that the proposed evaluation would not be duplicative.
Appellate Information
- Decided 07/10/2009
- Published 07/10/2009
Judges
- Before: BATCHELDER, MOORE, and GILMAN, Circuit Judges.
Court
- United States Sixth Circuit
Counsel
- For Appellees:
- ON BRIEF: Dennis Lyle Sipe, Buell and Sipe Co., L.P.A., Marietta, Ohio, Tyson Fleming, Randall L. Porter, Office of the Ohio Public Defender, Columbus, Ohio, for Appellant. Justin M. Lovett, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.