Hittson (DEATH PEN.) v. Upton

Filing 78

ORDER GRANTING 66 Motion to Appoint Counsel; GRANTING 68 Motion to Withdraw as Attorney. Attorney Warren Anthony Fitch and Alexander J. Lathrop terminated. Brian S. Kammer and Kirsten A. Salchow appointed to represent Hittson. Ordered by Judge Marc Thomas Treadwell on 10/27/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
TRAVIS CLINTON HITTSON,

:
:
Petitioner
:
:
vs.
:
:
CARL HUMPHREY, Warden,
:
:
Respondent
:
:
_________________________________:

CIVIL ACTION NO.: 5:01-CV-384 (MTT)

ORDER
Before the Court are Kirsten A. Salchow’s Motion for Appointment of Counsel and
Alexander J. Lathrop’s Motion to Withdraw. (Doc. 66, 68).
18 U.S.C. ' 3599, in relevant part, provides:
(a)(2) In any post conviction proceeding under section 2254 or 2255 of title
28, United States Code, seeking to vacate or set aside a death sentence,
any defendant who is or becomes financially unable to obtain adequate
representation or investigative, expert, or other reasonably necessary
services shall be entitled to the appointment of one or more attorneys and
the furnishing of such other services in accordance with subsections (b)
through (f). . . .
(c) If the appointment is made after judgment, at least one attorney so
appointed must have been admitted to practice in the court of appeals for
not less than five years, and must have had not less than three years
experience in the handling of appeals in that court in felony cases.
(d) With respect to subsections (b) and (c), the court, for good cause, may
appoint another attorney whose background, knowledge, or experience
would otherwise enable him or her to properly represent the defendant, with
due consideration to the seriousness of the possible penalty and to the
unique and complex nature of the litigation.
(e) Unless replaced by similarly qualified counsel upon the attorney=s own
motion or upon motion of the defendant, each attorney so appointed shall
represent the defendant throughout every subsequent stage of available
judicial proceedings, including pretrial proceedings, trial, sentencing,
motions for new trial, appeals, applications for writ of certiorari to the
Supreme Court of the United States, and all available post-conviction
process, together with applications for stays of execution and other

appropriate motions and procedures, and shall also represent the
defendant in such competency proceedings and proceedings for executive
or other clemency as may be available to the defendant.
The Court previously determined that Hittson was “financially unable to obtain
adequate representation.” (Doc. 5). The Court also previously appointed Brian S.
Kammer of the Georgia Resource Center of Atlanta, Georgia (“Georgia Resource
Center”) to represent Hittson in this federal habeas corpus action. (Doc. 48). Ms.
Salchow is a staff attorney also employed at the Georgia Resource Center and requests
appointment “to assist lead counsel Brian S. Kammer in representing Petitioner in his
habeas proceedings in this Court.” (Doc. 22 at 1). Ms. Salchow has worked on
Hittson’s case since the “fall of 2010 and [she is] thoroughly familiar with the record in his
case.” (Doc. 66, Salchow Aff. at 2). Given this, the Court finds that Ms. Salchow’s
background, knowledge, and experience will allow her to adequately represent Hittson.
18 U.S.C. § 3599(d).

Therefore, the Court GRANTS Kirsten A. Salchow’s Motion for

Appointment of Counsel.1
The Court previously appointed Alexander J. Lathrop and Warren Anthony Fitch of
Swidler Berlin Shereff Friedman, LLP in Washington, DC to represent Hittson. (Doc. 5).
Subsequent to that appointment, the Court granted Hittson’s Motion for Stay of Federal
Court Proceedings Pending Complete Exhaustion of State Remedies. (Doc. 35).
Hittson returned to the state courts to exhaust his claims. Mr. Lathrop indicates that he
has not represented Hittson since 2008 when his case was pending in the Georgia state
courts. (Doc. 68 at 2). Therefore, the Court GRANTS Mr. Lathrop’s Motion to
1

Counsel will be compensated under the Criminal Justice Act at the rate approved for capital
cases. Currently that rate is $178.00 per hour for services performed after January 1, 2010. As
explained in the November 19, 2001 Order, interim vouchers (CJA Form 30) are to be submitted
on a monthly basis.

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Withdraw.
Additionally, the Court has learned that Mr. Fitch has not been in touch with Hittson
in many years and Mr. Fitch has failed to respond to attempted communications by the
Georgia Resource Center and by this Court. (Doc. 77). Therefore, the Court find that
Mr. Fitch has abandoned Hittson in this 28 U.S.C. § 2254 action. Accordingly, Mr. Fitch
should be removed from the case.
The Clerk is DIRECTED to remove Alexander J. Lathrop and Warren Anthony
Fitch from this case and to show that Hittson is represented by Brian S. Kammer and
Kirsten A. Salchow.
SO ORDERED AND DIRECTED, this 27th day of October, 2011.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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