Hooper v. Jones

ORDER AND JUDGMENT *

TIMOTHY M. TYMKOVICH, Circuit Judge.

James Alexander Drummond, attorney for the now-deceased plaintiff Michael Edward Hooper, appeals from a decision of the district court refusing to compensate him under the Criminal Justice Act (CJA), 18 U.S.C. § 3599, for work performed in connection with an unsuccessful challenge to Hooper’s execution by lethal injection. For the reasons explained below, we exercise jurisdiction under 28 U.S.C. § 1291, and reverse.

I. PROCEDURAL BACKGROUND

Mr. Drummond was appointed under § 3599(a)(2) to represent Mr. Hooper in habeas proceedings…