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Harbison v. Bell, 07-8521

In a capital habeas proceeding, the denial of federal appointed counsel's motion to expand the scope of her representation to include state clemency proceedings is reversed, where: 1) a certificate of appealability is not required to appeal an order denying a request for federally appointed counsel, because 28 U.S.C. section 2253(c)(1)(A) governs only final orders that dispose of a habeas corpus proceeding's merits; and 2) because state clemency proceedings are "available" to state petitioners who obtain representation under 28 U.S.C. section 3599(a)(2), the statute's plain language indicates that appointed counsel's authorized representation includes such proceedings.

Appellate Information

  • Decided 04/01/2009
  • Published 04/01/2009



  • United States Supreme Court