Armando Delarosa v. Debrah Borgas

Summary

The United States District Court for the District of Nevada screened Armando Delarosa’s petition for a writ of habeas corpus under 28 U.S.C. § 2254 and found that service was warranted. The court provisionally appointed the Federal Public Defender to represent Delarosa because the interests of justice supported appointment, including the allegation that the victim had recanted. The court directed Nevada’s counsel to appear and set deadlines for counsel’s response while making no determination regarding timeliness or tolling.

Holdings

1. The petition was not shown at the initial-review stage to be plainly unentitled to relief, so service of the petition on respondents was warranted.
2. The court provisionally appointed the Federal Public Defender because appointment was in the interests of justice, while recognizing that appointment is generally discretionary and that there is no constitutional right to appointed counsel in a federal habeas proceeding.

Questions Presented

1. Whether the federal habeas petition warranted service under Habeas Rule 4.
2. Whether counsel should be appointed for the indigent petitioner in the federal habeas proceeding.

Disposition

other