Morales v. Collado

Request for Counsel

Felix Morales asked the court to appoint counsel in connection with this habeas case. His request was docketed on April 11, 2022.

Legal Standard

The court explained that, under 18 U.S.C. § 3006A(a)(2)(B), it may appoint counsel for a financially eligible person when the interests of justice require it. The court must first consider whether the person’s position appears likely to have substance. If that threshold is met, the court also considers the person’s ability to investigate important facts and present the case, whether conflicting evidence requiring cross-examination will be central, the complexity of the legal issues, and any special reason appointment would help produce a just result. The court also noted that a habeas petitioner’s request for counsel should ordinarily be denied when the claims can fairly be decided from written submissions.

Ruling and Case Schedule

Applying those standards, the court concluded that there was no basis at that time to appoint counsel. The court therefore denied Morales’s request.

The court stated that Morales’s deadline to file a reply brief remained June 1, 2022. After Morales’s court appearance on May 5, 2022, he could send a letter updating the court about when he would return to New York and stating whether he wanted an extension beyond June 1, 2022. The Clerk of Court was directed to mail him a copy of the order.