Robert Foley v. Randy White

I respectfully dissent.

The district court did not have the benefit of Matthews v. White, 807 F.3d 756 (6th Cir. 2015), which was decided during the pendency of this appeal, and directs that a *566court’s determination whether § 3599(f) funds are reasonably necessary must focus on whether “a substantial question exists over an issue requiring expert testimony for its resolution and the [petitioner’s] position cannot be fully developed without professional assistance.” M at 760-61 (quoting Wright v. Angelone, 151 F.3d 151, 164 (4th Cir. 1998)). Matthews emphasized that clemency proceedings “are a…