Brief filed: 08/19/2016
Christeson v. Roper
8th Circuit Court of Appeals; Case No. 16-02730
On appeal from the U.S. District Court for the Western District of Missouri, Western Division, Cause No. 4:04-cv-08004, The Honorable Dean Whipple, District Judge, presiding.
The District Court's order denying necessary funds constitutes denial of Mr. Christeson's 18 U.S.C. § 3599 right to capital habeas counsel. Summary denial of adequate funds for federal capital habeas representation deprives death-sentenced defendants due process and equal protection of law. Requiring capital post-conviction counsel to proceed without sufficient support for time-intensive legal work, mitigation investigation, and forensic experts perpetuates deficient, unethical representation. Summarily stopping capital counsel from doing their jobs as ordered by the United States Supreme Court amounts to a callous abuse of discretion that threatens the integrity of the entire justice system.
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