right to counsel

Ryan v. Gonzales (10-930)

in

Oral argument:

October 9, 2012

Court below:

United States Court of Appeals for the Ninth Circuit

An Arizona jury convicted Ernest Valencia Gonzales of first-degree murder and sentenced him to death in 1991. After exhausting his state court options, Gonzales initiated federal habeas proceedings in 1999. Over the next few years, Gonzales began to display signs of delusion and paranoia, refusing a number of attempted visits from his attorney. The district court denied his attorney’s motion to stay the habeas proceedings pending a competency determination. The Ninth Circuit eventually granted mandamus relief, holding that the capital inmate’s right to counsel in federal habeas proceedings under 18 U.S.C. § 3599(a)(2) implicitly includes a right to be competent to assist one’s counsel. Charles L. Ryan, Director of the Arizona Department of Corrections, appeals the Ninth Circuit’s decision arguing that the circuit court misread 18 U.S.C. § 3599(a)(2) to include a “right to competency” in assisting counsel. Ryan asserts that such a right would allow for indefinite stays of habeas proceedings based on incompetency that contravene Congress’ intent in the Antiterrorism and Effective Death Penalty Act. Gonzales contends that district courts have discretion to issue stays, and that such stays are appropriate where incompetency would deprive the capital inmate of “meaningful” right to counsel. This decision implicates federalism concerns over the finality of state court decisions in capital cases and the proper balance between the rights of victims and the rights of inmates.

Questions Presented:

Several years after Gonzales's counsel initiated federal habeas proceedings and filed an exhaustive petition seeking relief, counsel asserted that Gonzales was incompetent to communicate rationally and the proceedings should be indefinitely stayed pending possible restoration of competency. Based on 18 U.S.C. § 3599(a)(2), the Ninth Circuit agreed, even though Gonzales's claims were record-based or purely legal.

Did the Ninth Circuit err when it held that 18 U.S.C. § 3599(a)(2)—which provides that an indigent capital state inmate pursuing federal habeas relief "shall be entitled to the appointment of one or more attorneys"—impliedly entitles a death-row inmate to stay the federal habeas proceedings he initiated if he is not competent to assist counsel?

[Question presented]
[Issue]
[Facts]
[Discussion]
[Analysis]

Issue

Does an indigent death-row inmate’s right to counsel

Written by:

Belinda Liu

Sarah O'Laughlin

Edited by:

Brandon Bodnar

Additional Resources:

Additional Sources

Wex: Next Friend
Sherry F. Colb, Verdict: Legal Analysis and Commentary from Justia: Cavazos v. Smith: The Supreme Court Preserves the Chain of Command by Returning a Grandmother to Prison (Nov. 16, 2011)
Jonathan M. Krishbaum, Criminal Law Reporter: Accelerating Pace of Supreme Court’s Summary Reversals of Habeas Relief Suggests Impatience with Circuit Courts’ Failure to Defer to State Tribunals (June 27, 2012)

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Turner v. Rogers (10-10)

in

Oral argument: Mar. 23, 2011

Appealed from: Supreme Court of South Carolina (Mar. 29, 2010)

CIVIL CONTEMPT, CHILD SUPPORT, RIGHT TO COUNSEL, SIXTH AMENDMENT, FOURTEENTH AMENDMENT

By the beginning of 2008, Michael Turner was six thousand dollars behind in his child support payments. A South Carolina family court eventually ordered Turner to appear to explain his failure to make any payments for the past year and a half. Turner alleged his personal and physical problems rendered him unable to pay. The family court imposed civil contempt sanctions as a result of Turner’s failure to comply with the earlier court order to pay child support. Turner appealed his twelve-month sentence, arguing that because there was a possibility that he would face imprisonment, the court should have provided him with counsel. The Supreme Court’s decision will likely determine whether indigent defendants in civil cases are entitled to representation where there is a possibility of incarceration, although the Court could possibly determine that it does not have jurisdiction to hear the case.

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Florida v. Powell (08-1175)

in

Oral argument: Dec. 7, 2009

Appealed from: Supreme Court of Florida (Sept. 29, 2008)

FIFTH AMENDMENT, RIGHT TO COUNSEL, MIRANDA WARNINGS, SELF-INCRIMINATION

Kevin Powell was arrested on suspicion of illegally owning a firearm and, after allegedly waiving his rights to counsel as required by Miranda v. Arizona, confessed during questioning. Powell was convicted on the basis of that confession. On appeal, Powell's conviction was overturned on the ground that the warnings read to Powell failed to adequately inform him of his right to have an attorney present during questioning. The Florida Supreme Court affirmed, holding that a suspect must be expressly advised of his or her right to have an attorney present while he or she is being questioned. The Supreme Court's decision will clarify Miranda’s requirements regarding advising a suspect of his or her right to counsel during questioning. This case will resolve a circuit split on the issue and affect law enforcement practices during interrogations.