GARY v. WARDEN, GEORGIA DIAGNOSTIC PRISON

Nos. 09-16198, 11-10705 and 11-15396.

686 F.3d 1261 (2012)

Carlton GARY, Petitioner-Appellant, v. WARDEN, GEORGIA DIAGNOSTIC PRISON, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 12, 2012.


Attorney(s) appearing for the Case

Michael K. McIntyre (Court-Appointed), John R. Martin (Court-Appointed), Martin Brothers, P.C., Atlanta, GA, for Appellant.

Patricia Beth Attaway Burton , State of Georgia Law Dept., Theresa Marie Schiefer , Atlanta, GA, for Appellee.

Before TJOFLAT, EDMONDSON and WILSON, Circuit Judges.


TJOFLAT, Circuit Judge.

A state prisoner under a sentence of death, who petitions a United States District Court pursuant to 28 U.S.C. § 2254, for a writ of habeas corpus, is entitled to the appointment of one or more attorneys if he is "financially unable to obtain adequate representation." 18 U.S.C. § 3599(a)(2).1 "[E]ach attorney so appointed shall represent the [prisoner] throughout every subsequent stage of available judicial...

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