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SCOTUS rules for defendants (and their lawyers) in clemency case

By Douglas A. Berman

As detailed in this SCOTUSblog post, the Supreme Court today, "over two Justices? partial dissents, ruled that a 2005 federal law providing free defense lawyers for individuals facing a possible death sentence allows such a lawyer to seek clemency for the client from state officials."  Here are the particulars with a link to the opion that to SCOTUSblog: The Court has released the opinion in Harbison v. Bell (07-8521), on federally funded counsel in state clemency proceedings. The decision below, which held for the state, is reversed in a 7-2 opinion by Justice Stevens, available here. The Chief Justice and Justice Thomas filed concurring opinions and Justice Scalia filed an opinion concurring in part and dissenting in part, joined by Justice Alito.continue to full post

Full post as published by Sentencing Law and Policy on April 01, 2009 (boomark / email).