Rainwater Law Group

Effective Criminal Defense

Copeland v Ryan, No. 16-15849 [March 28, 2017]

Copeland v. Ryan

The Respondent appealed an order of the district court requiring him to reimburse Mr. Copeland for deposition expenses incurred in his pending 2254 petition. First, the Court found it had jursidiction under the collateral order doctrine. Then the Court finds that a district court cannot order reimburse of an indigent habeas petition for disposition expense when the state did not request the deposition as it has no jurisdiction to do so. The district court’s use of Fed. Rules of C.P 15(d) was invalid as they do not apply 2254 habeas proceedings, as only Federal Rules of Civil Pro. apply. (Even though they do apply in 2255 petition by statute) The Court suggested that the expense were reimbursable under the CJA.

blog comments powered by Disqus