Taylor v. Coupe et al
Filing
66
MEMORANDUM OPINION. Signed by Judge Maryellen Noreika on 9/21/2020. (amf)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EMMETT TAYLOR, III,
Petitioner,
v.
CLAIRE DEMATTEIS,
Commissioner, Delaware Department
of Correction, and ROBERT MAY,
Warden,
Respondents.
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C.A. No. 14-1139 (MN)
MEMORANDUM OPINION
Edson A. Bostic, Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER FOR THE
DISTRICT OF DELAWARE – Wilmington, DE – Attorneys for Petitioner.
Maria T. Knoll, Chief of Appeals, DELAWARE DEPARTMENT
Attorneys for Respondents.
OF JUSTICE,
Wilmington, DE –
Kathryn J. Garrison, Deputy Attorney General, DELAWARE DEPARTMENT OF JUSTICE, Dover, DE
– Attorneys for Respondents.
September 21, 2020
Wilmington, Delaware
NOREIKA, U.S. DISTRICT JUDGE
I.
BACKGROUND
On March 12, 2012, following a Delaware Superior Court jury trial, Petitioner Emmett
Taylor (“Petitioner”) was convicted of capital murder and sentenced to death. (D.I. 65 at 1). In
February 2012, the Court granted Petitioner leave to proceed in forma pauperis and appointed the
Federal Public Defender’s Office (“FPDO”) and its Capital Habeas Unit (“CHU”) to represent
Petitioner in the instant federal habeas proceeding. Id.
Now, in September 2020, a combination of certain circumstances has left the FPDO unable
to continue to represent Petitioner in the pending habeas matter. (D.I. 65 at 2-3). As a result, the
FPDO seeks leave to withdraw from further representation of Petitioner, and asks that he be
appointed substitute, qualified, and experienced habeas counsel to represent him under the
Criminal Justice Act of 1964, 18 U.S.C. § 3006A (“CJA”) and the District of Delaware’s CJA
Plan. More specifically, the FPDO asks the Court to appoint Ms. Tiffani Hurst, Esquire to
represent Petitioner. (D.I. 65 at 3).
Attorney Hurst has been primarily responsible for handling Petitioner’s habeas petition
since October 2018, she is the former chief of the FPDO’s CHU, and she is a seasoned capital and
non-capital habeas litigator. (D.I. 65 at 3). Attorney Hurst is retiring from the FPDO effective
September 26, 2020, but Petitioner has asked to have Ms. Hurst continue her representation of him
upon her retirement. (D.I. 65-1 at 2). She has agreed to represent Petitioner if appointed. (D.I. 65
at 2-3). Attorney Hurst, however, is not a member of this District’s CJA Panel.
II.
DISCUSSION
Although a habeas petitioner does not have a constitutional or statutory right to an attorney
in a federal habeas proceeding, see Coleman v. Thompson, 501 U.S. 722, 752 (1991), a district
court may seek legal representation by counsel for a petitioner who demonstrates “special
circumstances indicating the likelihood of substantial prejudice to [the petitioner] resulting . . .
from [the petitioner’s] probable inability without such assistance to present the facts and legal
issues to the court in a complex but arguably meritorious case.” Tabron v. Grace, 6 F.3d 147, 154
(3d Cir. 1993); 18 U.S.C. § 3006A(a)(2)(B) (representation by counsel may be provided for a
financially eligible petitioner when a court determines that the “interests of justice so require”).
Notably, the United States District Court for the District of Delaware has adopted a Plan for
Furnishing Representation in Federal Court for any Person Financially Unable to Obtain Adequate
Representation in Accordance with the CJA (“CJA Plan”). The Delaware CJA Plan provides for
the establishment of the Federal Public Defender Organization and for a separate panel of private
attorneys known as the CJA Panel. See Delaware CJA Plan at §§ V and VI. The CJA Panel
attorneys are available for appointment as counsel in habeas corpus proceedings filed pursuant to
28 U.S.C. § 2254, and the Delaware CJA Plan sets forth criteria for membership on the CJA Panel
and the appointment process. See Delaware CJA Plan at §§ IV(A)(1)(i), (2)(b); IV(B,)(C),(D); VI;
VII.
The Delaware CJA Plan allows for the appointment of counsel not on the CJA Panel “in
exceptional circumstances.” Delaware CJA Plan at § VII(C). Section VII (C) provides, in relevant
part:
When the district judge presiding over a case [. . .] determines that
the appointment of an attorney, who is not a member of the CJA
panel, is in the interest of justice, judicial economy, or continuity of
representation, or there is some other compelling circumstance
warranting his or her appointment, the attorney may be admitted to
the CJA panel pro hac vice and appointed to represent the CJA
defendant. Consideration for preserving the integrity of the panel
selection process suggests that such appointments should be made
only in exceptional circumstances. Further, the attorney, who may
or may not maintain an office in the District, should possess such
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qualities as would qualify him or her for admission to the District’s
CJA panel in the ordinary course of panel selection.
Delaware CJA Plan at § VII (C).
As an initial matter, the Court grants the Motion for Leave to File Sealed Motion to
Withdraw Federal Public Defender and the Office of the Federal Public Defender as Counsel and
for the Appointment of Substitute Counsel. (D.I. 64). In turn, based on the assertions in the Motion
to Withdraw/Substitute Counsel, the Court finds that exceptional circumstances are present in this
case. The case is complex, and Attorney Hurst is already familiar with the issues because she has
represented Petitioner for approximately two years.
(D.I. 65 at 3).
In addition, she has
considerable experience in both capital and non-capital habeas litigation. Given her familiarity
with Petitioner, the complexity of the case, and her qualifications, the Court finds that the interests
of justice, judicial economy, and continuity in representation warrant the appointment of Attorney
Hurst to represent Petitioner in this proceeding.
III.
CONCLUSION
For the reason set forth above, the Court will grant: (1) the Motion for Leave to File Sealed
Motion for the Federal Public Defender and FPDO to Withdraw as Counsel and for the
Appointment of Substitute Counsel (D.I. 64); and (2) the Motion for the Federal Public Defender
and FPDO to Withdraw as Counsel and for the Appointment of Substitute Counsel (D.I. 65).
Consequently, the Court will appoint Attorney Tiffani Hurst to represent Petitioner, effective
October 1, 2020. A separate Order will be entered.
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