Carlton Michael Gary v. Warden, Georgia Diagnostic Prison

The majority’s disposition of this case delivers a powerful blow to the far-reaching guarantees of representation and expert assistance embodied in 18 U.S.C. § 3599. In the course of the opinion, it unnecessarily forecloses expert funding for practically any individual represented by § 3599 counsel, misstates this circuit’s jurisdictional precedent, and misinterprets the scope of a federal statute. I cannot join in its disposition of these appeals.

I

Gary sought to utilize the clemency hearing to cast doubt on his guilt for the charged crimes. The means by which this could be accomplished…