Counsel, Federal Counsel Appointment for State Proceedings

Harbison v Bell,__ US__; 129 S Ct 1481 (2009)(april'09). A certificate of appealability pursuant to 28 U. S. C. 2253(c)(1)(A) is not required to appeal an order denying a request for federally appointed counsel under 18 USC §3599 because §2253(c)(1)(A) governs only final orders that dispose of a habeas corpus proceeding's merits. §3599 authorizes federally appointed counsel to represent their clients in state clemency proceedings, and entitles them to compensation for that representation. The government's argument that Congress meant for §3599 to apply only to federal defendants contradicts legislative history.