No. 23-5652

Brian J. Dorsey v. David Vandergriff, Warden

Lower Court: Eighth Circuit
Docketed: 2023-09-26
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: comity death-penalty due-process federal-counsel federal-jurisdiction habeas-corpus jurisdiction statutory-interpretation
Key Terms:
DueProcess Punishment HabeasCorpus
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (AI Summary)

Whether the court below erroneously denied jurisdiction pursuant to 18 U.S.C. § 3599 based on a failure to follow fundamental rules of statutory interpretation and clear congressional intent?

Question Presented (from Petition)

QUESTIONS PRESENTED An indigent state death row petitioner in state clemency may be represented by federal counsel, pursuant to 18 U.S.C. § 3599. The language of 18 U.S.C. § 3599 provides that death-sentenced individuals are entitled to “the furnishing of services” and district courts are empowered, when appropriate, to “authorize the defendant’s attorneys to obtain such services.” 18 U.S.C. §3599(a)(1), (f). The questions presented are: Whether the court below erroneously denied jurisdiction pursuant to 18 U.S.C. § 3599 based on a failure to follow fundamental rules of statutory interpretation and clear congressional intent? Whether, as a matter of comity, Missouri’s death penalty scheme necessitates jurisdiction in the district court to give full effect to the state’s constitutional and statutory due process protections? i

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-09
DISTRIBUTED for Conference of 12/1/2023.
2023-10-26
Brief of respondent David Vandergriff, Warden in opposition filed.
2023-09-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 26, 2023)

Attorneys

Brian J. Dorsey
Kirk James HendersonFederal Public Defender, Petitioner
Kirk James HendersonFederal Public Defender, Petitioner
David Vandergriff, Warden
Gregory Michael GoodwinMissouri Attorney General's Office, Respondent
Gregory Michael GoodwinMissouri Attorney General's Office, Respondent