Harbison v. Bell

Summary

Chief Justice Roberts concurs in the judgment in § 18 U.S.C. § 3599 entitles indigent habeas petitioners to appointed counsel for state clemency proceedings. He argues that the phrase subsequent stage of available judicial proceedings does not include state judicial proceedings post habeas because they are new rather than subsequent, avoiding federal counsel for state trials. Separate opinions by Justice Thomas and Justice Scalia address the scope of the statute's federal limitation.