Free Letter - District Court of Delaware - Delaware

Case 1:07-cv-00472-GMS

Document 4

Filed 08/10/2007

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FEDERAL COMMUNITY DEFENDER OFFICE FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Capital Habeas Unit
FEDERAL COURT DIVISION DEFENDER ASSOCIATION OF PHILADELPHIA

SUITE 545 W EST -- THE CURTIS CENTER 601 W ALNUT STREET PHILADELPHIA, PA 19106
ELLEN T. GREENLEE
D EFEND ER

PHONE NUMBER (215) 928-0520 FAX NUMBER (215) 928-0826 FAX NUMBER (215) 861-3508

MAUREEN KEARNEY ROWLEY
C H IEF F EDER A L D E FE N D E R

August 10, 2007 Peter T. Dalleo Clerk of Court United States District Court District of Delaware 848 N. King Street Wilmington, Delaware Electronically Filed Re: Manley v. Danberg, 07-cv-472 (Death Penalty Habeas Corpus) Stevenson v. Danberg, 07-cv-473 (Death Penalty Habeas Corpus)

Dear Mr. Dalleo: On July 30, 2007 I filed in each of the above-cited cases a Motion for Appointment of Federal Habeas Corpus Counsel Pursuant to 21 U.S.C. § 848(q) and McFarland v. Scott, and for an Order Permitting Petitioner to Proceed In Forma Pauperis. As explained in the Motions, each Petitioner requests the appointment of counsel to represent them in their to-be-commenced capital habeas corpus proceedings.1 To date, a judge has not been assigned to these matters and accordingly no action has been taken on the Motions. I am writing at this time to request that the assignment of a judge be expedited as there is urgency to these matters. Both state post-conviction and federal habeas corpus proceedings are subject to a one year limitations period. By my calculation there is only about six months remaining on these concurrently running periods for each Petitioner. Each Petitioner seeks appointment of federal habeas counsel at this time so that such counsel can begin to investigate and research his case and render advice as to whether each Petitioner should litigate further in state court, or alternatively, My office has asked to be assigned to Mr. Stevenson's case, and we have recommended the assigned of learned counsel from the Capital Habeas Corpus Unit from the Federal Public Defender in Harrisburg, Pennsylvania, who are ready, willing and able to take the assignment.
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Case 1:07-cv-00472-GMS Peter T. Dalleo Clerk of Court August 10, 2007 Page 2

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Filed 08/10/2007

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should file a habeas corpus petition in this Court. To-be-appointed counsel cannot begin to advise their client with respect to this important question until they are appointed and have an opportunity to investigate and research the significant record in this case. In short, each individual has important decisions to make and time is running short. Accordingly, I request that the Court expedite assignment of a judge and consideration of these pending Motions. I appreciate your assistance and am available at your request should you require further information. Respectfully,

Michael Wiseman Supervisory Assistant Federal Defender cc: Loren C. Meyers, Esquire Deputy Attorney General By E-Mail and Mail James T. Wade, Esq. Federal Public Defender, Middle District of Pennsylvania