No. 19-8792

John Hummel v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2020-06-23
Status: Denied
Type: IFP
IFP
Tags: 18-U.S.C.-3599 clemency clemency-proceedings death-penalty discretionary-review expert-assistance expert-services legal-representation reasonably-necessary statutory-funding unusual-character-or-duration
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-09-29
Question Presented (AI Summary)

When a death-sentenced inmate's appointed attorney shows that expert services have likely utility and are of unusual character or duration, but cost more than the statutory limit, does a district court abuse its discretion by denying funding for the services?

Question Presented (OCR Extract)

QUESTION PRESENTED 1. 18 U.S.C. § 3599 was enacted to provide high quality legal representation and reasonably necessary funding for experts to prisoners sentenced to death. It requires appointed counsel to investigate possible issues for clemency and represent the prisoner during clemency proceedings. To obtain funding, a prisoner need not prove that he will obtain relief, but only that the funding is “reasonably necessary.” Ayestas v. Davis, 138 S.Ct. 1080, 1094 (2018). The “reasonably necessary” test requires only an assessment of the likely utility of the services requested. To obtain more than the statutory limit of $7,500 per 18 U.S.C. § 3599(g)(2), the prisoner must show that the requested services are of an “unusual character or duration.” Attorney for Hummel identified two critical issues for clemency: (1) the investigation and preparation of a sociological report by an expert who has studied—and personally experienced—the military training to which Hummel was subjected in the Marines; and (2) a proper risk assessment about his “future dangerousness” by an expert qualified to conduct it and has worked with veterans and the other expert in a death-penalty case where the defendant—a veteran whose history is similar to Hummel’s—received life instead of the death penalty. The district court authorized funding of up to the statutory limit $7,500 per 18 U.S.C. § 3599(g)(2), allowing the first expert’s work, but far below what is reasonably necessary for the expert who was to perform the risk assessment. Question: When the appointed attorney for a death-sentenced inmate shows that expert services have likely utility—and are of unusual character or duration—but cost more than the statutory limit of $7,500 per 18 U.S.C. § 3599(g)(2), does a district court abuse its discretion by denying funding for the services?

Docket Entries

2020-10-05
Petition DENIED.
2020-09-10
DISTRIBUTED for Conference of 9/29/2020.
2020-08-24
Brief of respondent Lorie Davis in opposition filed.
2020-07-17
Motion to extend the time to file a response is granted and the time is extended to and including August 24, 2020.
2020-07-16
Motion to extend the time to file a response from July 23, 2020 to August 24, 2020, submitted to The Clerk.
2020-06-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 23, 2020)

Attorneys

John Hummel
Michael MowlaMichael Mowla, Petitioner
Michael MowlaMichael Mowla, Petitioner
Lorie Davis
Gwendolyn Suzanne VindellTexas Attorney General's Office, Respondent
Gwendolyn Suzanne VindellTexas Attorney General's Office, Respondent