Brian J. Dorsey v. David Vandergriff, Warden
DueProcess Punishment HabeasCorpus
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?
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