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McFARLAND v. SCOTT

No. 93-6497.

512 U.S. 849 (1994)

114 S.Ct. 2568

129 L.Ed.2d 666

McFARLAND v. SCOTT, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION

Supreme Court of United States.

Decided June 30, 1994.

Attorney(s) appearing for the Case

Mandy Welch argued the cause for petitioner. With her on the briefs was Douglas G. Robinson.

Margaret Portman Griffey, Assistant Attorney General of Texas, argued the cause for respondent. With her on the brief were Dan Morales, Attorney General, Jorge Vega, First Assistant Attorney General, Stephani A. Stelmach, Assistant Attorney General, and Drew T. Durham, Deputy Attorney General.*

Blackmun, J., delivered the opinion of the Court, in which Stevens, Kennedy, Souter, and Ginsburg, JJ., joined. O'Connor, J., filed an opinion concurring in the judgment in part and dissenting in part, p. 859. Thomas, J., filed a dissenting opinion, in which Rehnquist, C. J., and Scalia, J., joined, p. 864.

Justice Blackmun, delivered the opinion of the Court.

In establishing a federal death penalty for certain drug offenses under the Anti-Drug Abuse Act of 1988, 21 U. S. C. § 848(e), Congress created a statutory right to qualified legal representation for capital defendants in federal habeas corpus proceedings. § 848(q)(4)(B). This case presents the question whether a capital defendant must file a formal habeas corpus...

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