Legal Opinion

Fautenberry v. Mitchell

Court of Appeals for the Sixth Circuit

Decided July 10, 2009No. 09-3819PublishedCited by 16 opinions

1Opinion of the CourtBatchelder, J., joined by Gilman, J.,

MOORE, J. (pp. 271-72), delivered a separate opinion concurring in the judgment.

OPINION

ALICE M. BATCHELDER, Circuit Judge.

John Fautenberry is scheduled for execution by the state of Ohio on July 14, 2009. He appeals the district court’s denial of his motion under 18 U.S.C. § 3599® for funds to hire a neuropsyehologist to assist in the preparation of his state clemency petition. Because the district court *268did not abuse its discretion in holding that such expert assistance is not reasonably necessary, we AFFIRM.

I

Fautenberry has exhausted all available appeals, including both state and federal…

2Cases cited7 opinions

  1. Ohio Adult Parole Authority v. WoodardSupreme Court of the United States · 1998
  2. Fautenberry v. MitchellCourt of Appeals for the Sixth Circuit · 2008
  3. Philip Workman v. Governor Phil BredesenCourt of Appeals for the Sixth Circuit · 2007
  4. Getsy v. MitchellCourt of Appeals for the Sixth Circuit · 2007
  5. Cornwell v. BradshawCourt of Appeals for the Sixth Circuit · 2009

2 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Baze v. ParkerCourt of Appeals for the Sixth Circuit · 2011
  2. Carlton Michael Gary v. Warden, Georgia Diagnostic PrisonCourt of Appeals for the Eleventh Circuit · 2012
  3. Kimber Edwards v. Donald RoperCourt of Appeals for the Eighth Circuit · 2012
  4. Matthews v. WhiteCourt of Appeals for the Sixth Circuit · 2015
  5. Robert Foley v. Randy WhiteCourt of Appeals for the Sixth Circuit · 2016

11 more not listed; retrieve them via the Exa API.

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