Hain v. Mullin

LUCERO, Circuit Judge.

We granted initial en banc hearing of this case to consider the reach of 21 U.S.C. § 848(q)(4)(B), which provides federally-funded counsel for indigent state death row prisoners seeking federal habeas relief. Specifically, § 848(q)(4)(B) authorizes “the appointment of one or more attorneys and the furnishing of such other services in accordance with” 21 U.S.C. § 848(q)(8). Section (q)(8) of the statute in turn commands that “each attorney so appointed shall represent the defendant throughout every subsequent stage of available judicial proceedings, including ...…