Sterling v. Scott

ON REMAND FROM THE UNITED STATES SUPREME COURT

Before JOLLY, DUHÉ and BARKSDALE, Circuit Judges. E. GRADY JOLLY, Circuit Judge:

In our earlier consideration of this death penalty habeas case, the petitioner sought a CPC and an order holding his unexhausted federal habeas petition in abeyance so that he could use federally appointed and paid counsel to exhaust his state posteonviction claims. We denied a CPC because he failed to exhaust his posteonviction claims, and we held that the petitioner had no statutory right to federally funded counsel to exhaust state remedies in state court. The…