Samayoa v. Hickman
- Proceeding
- district
- Area
- civil
- Panel
- Thomas J. Whelan (author)
Analysis
The court considered Petitioner's supplemental motion for the appointment of the Arizona Federal Public Defender as co-counsel to assist in state clemency proceedings following a Ninth Circuit remand. The court granted the motion and ordered the appointment of the requested co-counsel.
| What the court decided | The model |
|---|---|
Grant of Petitioner's Motion for Appointment of Co-Counsel“the Court GRANTS the motion and ORDERS the appointment of the Arizona Federal Public Defender as co-counsel for clemency proceedings.” | agree with court The order recites that the motion was filed pursuant to a Ninth Circuit remand specifically directing the district court to consider whether the Petitioner is financially unable to obtain adequate representation. The court found 'good cause' based on the supplemental briefing. Granting the appointment of specialized co-counsel for clemency proceedings is a standard discretionary remedy in habeas corpus cases when a petitioner lacks the resources to navigate complex state post-conviction processes, particularly when directed by an appellate court. |
The order itself: sound — The order is a short, procedural disposition that directly implements the specific directive from the Ninth Circuit Court of Appeals. It relies on the appellate mandate and the petitioner's showing of good cause to grant the appointment. There are no complex legal arguments to evaluate, and the result follows directly from the remand instructions.
Opinion
1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 13 RICHARD SAMAYOA, Case No.: 00cv2118-W 14 Petitioner, ORDER GRANTING PETITIONER’S 15 v. MOTION FOR APPOINTMENT OF CO-COUNSEL 16 RONALD DAVIS, Warden, 17 Respondent. 18 19 Pending before the Court is Petitioner’s supplemental briefing on his request for 20 appointment of the Arizona Federal Public Defender to assist in state clemency 21 proceedings. (See Supp. Brief [Doc. 121] 4:16–18.) The supplemental brief was filed 22 pursuant to this Court’s order that was issued after the Ninth Circuit remanded the case for 23 consideration of whether the Petitioner is financially unable to obtain adequate 24 representation. See Samayoa v. Davis, 928 F.3d 1127, 1128 (9th Cir. (2019). Respondent 25 has notified the Court that it does not intend to respond to Petitioner’s supplemental brief. 26 (See Resp’s Notice [Doc. 123].) 27 // 28 // 1 Having reviewed Petitioner’s supplemental brief and good cause appearing, the 2 || Court GRANTS the motion and ORDERS the appointment of the Arizona Federal Public 3 || Defender as co-counsel for clemency proceedings. 4 IT IS SO ORDERED. 5 || Dated: September 30, 2019 \ 7 Hn. 7 omas J. Whelan 8 Unted States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Cites, in this corpus
- Richard Samayoa v. Ron Davis 18-56047 · 2019-07-03