Copeland v. Ryan, No. 16-15849 (9th Cir. 2017)
Annotate this CasePetitioner, convicted of ten different state criminal charges, appealed the district court's interlocutory orders requiring an Arizona state corrections official to reimburse petitioner for deposition expenses incurred in his pending habeas proceeding under 28 U.S.C. 2254. Determining that it had interlocutory jurisdiction under the collateral order doctrine, the court concluded that the district court could not order a state to reimburse an indigent habeas petitioner for deposition expenses in a section 2254 habeas proceeding when, as here, the state did not request the deposition. Accordingly, the court reversed the relevant orders and remanded for further proceedings to determine whether petitioner could obtain reimbursement under the Criminal Justice Act (CJA), 18 U.S.C. 3006A, from the federal government.
Court Description: Habeas Corpus. The panel reversed the district court’s orders requiring an Arizona state corrections official to reimburse a petitioner for deposition expenses incurred in his pending habeas proceeding under 28 U.S.C. § 2254. The panel had interlocutory jurisdiction under the collateral order doctrine, and held that a district court cannot order a state to reimburse an indigent habeas petitioner for deposition expenses in a § 2254 habeas proceeding when, as here, the state did not request the deposition. The panel remanded for further proceedings to determine whether the petitioner may obtain reimbursement from the federal government under the Criminal Justice Act. Concurring in full, Judge Berzon noted that the Supreme Court has significantly limited the applicability of the collateral order doctrine in recent years, but that this court’s precedents are not clearly irreconcilable with Supreme Court law. COPELAND V. RYAN 3
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