Peasley v. People of the State of California

Background

David S. Peasley, a California prisoner proceeding without a lawyer, filed a petition for federal habeas relief under 28 U.S.C. § 2254. The court had determined that two claims in the petition were capable of judicial review and had ordered the respondent to show cause why the petition should not be granted.

Peasley moved for appointment of counsel. The court explained that the constitutional right to counsel under the Sixth Amendment does not apply to habeas proceedings. However, under 18 U.S.C. § 3006A(a)(2)(B), a district court may appoint counsel for a habeas petitioner when the interests of justice require it and the person cannot afford representation. Appointment is discretionary and generally limited to cases involving circumstances such as substantial legal or factual complexity, serious impairments, the likely need for expert assistance, or difficulty investigating important facts.

Reasons for Appointment

Peasley alleged that a 2008 motorcycle accident caused a fractured skull, three major concussions, a broken collarbone and ribs, and a two-month coma. He said the injuries left him unable to walk, talk, or open a door at the time. He also alleged continuing mental impairments involving memory, calculation, and understanding definitions.

Medical records attached to the motion described a traumatic head injury, a left-sided subdural hematoma, a right-sided temporal-bone fracture, slowing in the left temporal region suggesting dysfunction, and a seizure. The records stated that Peasley recovered all functions during six months of rehabilitation except for some loss of higher mental function and gait instability.

The court stated that Peasley’s petition contained repetitive and confused allegations and claims. It also stated that the petition might involve complex issues concerning equitable tolling, which can extend a filing deadline in some circumstances, and whether Peasley’s plea was voluntary. Based on the seriousness of the alleged injuries, indications that his mental function had not fully recovered, and the potential complexity of the petition, the court concluded that he would not have a fair opportunity to prosecute it without a lawyer.

Ruling and Instructions

The court granted Peasley’s motion for appointment of counsel. Counsel was appointed under 18 U.S.C. § 3006A. The clerk was instructed to send a copy of the order to the Federal Public Defender’s Office, and counsel for Peasley was ordered to file a notice of appearance within 28 days of the order’s filing. The briefing schedule in the earlier order to show cause remained unchanged.

This order resolved docket number 14. It did not decide the merits of Peasley’s habeas claims.