Litigants: | Harbison v. Bell |
Arguedate: | January 12 |
Argueyear: | 2009 |
Decidedate: | April 1 |
Decideyear: | 2009 |
Fullname: | Edward Jerome Harbison v. Ricky Bell, Warden |
Usvol: | 556 |
Uspage: | 180 |
Parallelcitations: | 129 S. Ct. 1481; 173 L. Ed. 2d 347 |
Oralargument: | https://www.oyez.org/cases/2000-2009/2008/2008_07_8521/argument |
Docket: | 07-8521 |
Majority: | Stevens |
Joinmajority: | Kennedy, Souter, Ginsburg, Breyer |
Concurrence: | Roberts |
Concurrence2: | Thomas |
Concurrence/Dissent: | Scalia |
Joinconcurrence/Dissent: | Alito |
Lawsapplied: | 28 U.S.C. Section 2254; 18 U.S.C. Section 3599 |
Holding: | Indigent death row inmates sentenced under state law have a right to federally funded habeas counsel in post-conviction state clemency proceedings, when the state has denied such counsel. Sixth Circuit reversed. |
Procedural: | Writ of certiorari to United States Court of Appeals for the Sixth Circuit |
Harbison v. Bell, 556 U.S. 180 (2009), was a decision by the Supreme Court of the United States that held that federal law gave indigent death row inmates the right to federally appointed counsel to represent them in post-conviction state clemency proceedings, when the state has declined to do so. Certiorari was granted by the Supreme Court on June 23, 2008.
Justice Stevens delivered the judgment of the court, stating:
The death sentence of Edward Harbison was commuted to life imprisonment without parole by Tennessee Governor Phil Breseden in January 2011, shortly before Breseden left office.
Justice Scalia dissented in substance: