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Clark v. Johnson

The phrase "proceeding for executive or other clemency as may be available to the defendants" as it appears in 21 U.S.C. '848(q)(8) does not apply to state clemency proceedings.

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Appeal from the United States District Court For the Northern District of Texas, Lubbock

The district court granted Gary Taylor’s motion to appoint him to represent Jack Wade Clark, a Texas prisoner who had been convicted of capital murder in 1991 and sentenced to death. With Taylor’s assistance, Clark filed a 28 U.S.C. � 2254 petition, which was denied by the district court. Both the district court and this court denied Clark a certificate of appealability to appeal the district court’s final judgment. Clark’s petition to the Supreme Court for a writ of certiorari was also denied. Clark v. Johnson, 531 U.S. 831 (2000). The State of Texas executed Clark on January 9, 2001.

Following Clark’s execution, Taylor submitted a CJA*fn1 voucher to the district court requesting compensation and reimbursement of expenses incurred in connection with a state clemency proceeding brought on Clark’s behalf. The district court denied the voucher, adopting the reasoning set forth in Chambers v. Johnson, 133 F. Supp. 2d 931 (E.D. Tex. 2001), holding that 21 U.S.C. � 848(q)(8) (relating to the payment of court appointed counsel in death penalty cases) did not authorize compensation for representation in state clemency proceedings.

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