Hovarter v. Broomfield

Background

Jackie Ray Hovarter, an inmate at San Quentin State Prison, filed a petition under 28 U.S.C. § 2254 seeking federal review of his state custody. He proceeded pro se, meaning without a lawyer, and asked to proceed in forma pauperis, meaning without paying the filing fee. He also requested appointment of counsel.

According to the petition, Hovarter was originally sentenced to death and later resentenced to life without the possibility of parole because of an intellectual disability. The state public defender, who represented Hovarter at trial and in later state appeals, submitted a request for counsel on his behalf. The supporting declaration stated that Hovarter could not understand the legal issues because of his intellectual disability, that several claims concerned the effects of that disability, that the issues were factually complex, that the appellate record exceeded 14,000 pages, and that he was indigent and unable to afford counsel.

Reasoning

The court explained that the Sixth Amendment right to counsel does not apply automatically in federal habeas proceedings. But under 18 U.S.C. § 3006A(a)(2)(B), a court may appoint counsel when the interests of justice require it. The court concluded that this standard was met because Hovarter is intellectually disabled, the issues are factually complex, and he cannot afford counsel.

Order

The court:

- GRANTED Hovarter’s request to proceed in forma pauperis. - GRANTED his request for appointment of counsel. - REFERRED the case to the Federal Public Defender to locate counsel and directed the Clerk to provide that office with a copy of the order. - STAYED all proceedings until an attorney is appointed. - DEFERRED screening, or the court’s initial review, of the petition until after a case-management conference. Appointed counsel may then decide whether to file an amended petition or proceed on the initial petition. - Terminated Docket Nos. 4 and 5.

The order did not decide the merits of Hovarter’s petition.