Brief of National Association of Public Defense, National Association of Criminal Defense Lawyers, National Legal Aid and Defender Association, and Roderick & Solange MacArthur Justice Center as Amici Curiae in Support of Petitioner (on petition for writ of certiorari).
Argument: Section 3599 requires, in addition to the appointment of counsel, the allocation of adequate resources to litigate capital cases. The lower courts arbitrarily and unlawfully denied Christeson adequate funding to prepare his motion. This issue is critically important and warrants this Court's immediate review.
Brief Amici Curiae Roderick and Solange MacArthur Justice Center, National Association of Public Defense, National Legal Aid and Defender Association, and National Association of Criminal Defense Lawyers in Support of Petitioner.
Argument: The District Court's order denying necessary funds constitutes denial of Mr. Christeson's 18 U.S.C. § 3599 right to capital habeas counsel. Summary denial of adequate funds for federal capital habeas representation deprives death-sentenced defendants due process and equal protection of law. Requiring capital post-conviction counsel to proceed without sufficient support for time-intensive legal work, mitigation investigation, and forensic experts perpetuates deficient, unethical representation. Summarily stopping capital counsel from doing their jobs as ordered by the United States Supreme Court amounts to a callous abuse of discretion that threatens the integrity of the entire justice system.