The United States Law Week

Death-Row Inmate Couldn’t Have Federal Defender at State Hearing

Aug. 19, 2019, 4:02 PM

A Florida death-row inmate facing execution Aug. 22 wasn’t entitled to have his federal public defenders represent him before the state clemency board, the Eleventh Circuit said Aug. 19.

The court denied a motion to stay the execution.

Under 18 U.S.C. §3599, federal courts pay for federal public defenders to represent state capital defendants who file federal habeas corpus petitions. The statute says the federal defenders “shall also represent the defendant” in clemency matters.

After his federal habeas corpus petition was denied, Gary Bowles was appointed state counsel to represent him before the Florida Clemency Commission and Board. He...

To read the full article log in. To learn more about a subscription click here.