Legal Commentary

Supreme Court Allows Counsel for Indigent Defendant to Seek Clemency

By Jeralyn

Via ScotusBlog:

In the final ruling of the day, the Court, 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. Justice John Paul Stevens wrote for the majority in Harbison v. Bell (07-8521). Justice Scalia filed a partial dissent, joined by Justice Samuel A. Alito, Jr.

The opinion is here (pdf.)[More...]

Congress’ decision to furnish counsel for state clemency proceedings reflects both clemency’s role as the “ ‘fail safe’ of our criminal justice system,” Herrera v. Collins, 506 U. S. 390, 415, and the fact that federal habeas counsel are well positioned to represent their clients in clemency proceedings.

....Harbison’s case underscores why it is “entirely plausible that Congress did not want condemned men and women to be abandoned by their counsel at the last moment and left to navigate the sometimes labyrinthine clemency process from their jail cells.” Hain v. Mullin, 436 F. 3d 1168 (CA10 2006) (en banc). In authorizing federally funded counsel to represent their state clients in clemency proceedings, Congress ensured that no prisoner would be put to death without meaningful access to the “‘fail-safe’” of our justice system.

Full post as published by TalkLeft on April 01, 2009 (boomark / email).