Irick v. Bell, No. 10-5581 (6th Cir. 2011)
Annotate this CaseA death-row inmate sought federal funds, pursuant to 18 U.S.C. 3599, for state court representation on a writ of error coram nobis, reopening post-trial proceedings, a clemency petition, and a hearing on competency for execution. The district court granted the petition only with respect to clemency proceedings. The Sixth Circuit affirmed, holding that state law provides adequate counsel so that the inmate was not entitled to funds under the federal law. In addition, the law does not provide funding for state habeas corpus proceedings or for proceedings that are not subsequent to federal habeas corpus; that the defendant's federal habeas counsel may be more qualified than state-appointed attorneys is irrelevant.
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