Paul Gregory House v. Ricky Bell, Warden
Docket: 00-6136
Court: Court of Appeals for the Sixth Circuit; June 16, 2003; Federal Appellate Court
Paul Gregory House, sentenced to death, requested authorization for Federal Defender Services of Eastern Tennessee, Inc. to represent him in ongoing state court proceedings related to claims of ineffective assistance of counsel, withheld exculpatory evidence, and police and prosecutorial misconduct. The Federal Defender was already appointed for House's federal habeas corpus case under 21 U.S.C. § 848(q). However, the Court of Appeals for the Sixth Circuit denied the motion for expanded appointment and federal funding for state representation, concluding that § 848(q) does not permit such compensation. The court emphasized that its decision aligns with similar rulings from other circuits, which have narrowly construed § 848(q)(4)(B) as not authorizing federal payment for state-level representation. The court referenced previous cases to support this interpretation, noting that the question of compensation for state work was the only issue before it, while the underlying facts of House's conviction had been previously established in House v. Bell. Section 848 of the Anti-Drug Abuse Act of 1998 establishes penalties for engaging in continuing criminal enterprises violating federal drug laws, including the possibility of the death penalty. It outlines procedures for imposing the death penalty and guarantees counsel for defendants who cannot afford representation. Specifically, Section 848(q) addresses appeals in capital cases and appoints counsel for defendants seeking to overturn death sentences under Sections 2254 or 2255. However, the Eleventh Circuit's interpretation in King highlights that there is no legislative intent for federal funding of counsel in state proceedings. The late addition of Section 848(q)(4)(B) without debate suggests Congress did not intend to extend federal resources to state-level defense. Consequently, the court ruled against allowing the Federal Defender to represent House in state proceedings at federal expense, emphasizing the separation of responsibilities between state and federal jurisdictions. House's motion for expanded representation was denied.