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Table of contents
One appellate attorney discovered that his predecessor missed the habeas deadline after failing to even order the client's case file. Another attorney, who insisted that he had read the relevant case file, was later found to have never picked up the voluminous records from a state repository. The lawyer for Richard Hamilton, who was convicted in of raping and murdering a year-old nursing student after kidnapping her from a supermarket parking lot in Lake City, Fla. So did a local judge, who told Hamilton not to worry.
In two cases out of Texas, U.
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Sometimes, courts waited too long to appoint habeas counsel. In California, where the courts have struggled mightily to find attorneys for capital appeals, at least six inmates received an attorney only after their deadline had passed - by more than five years in two cases. Some of the attorneys appointed to the 80 cases include an Alabama lawyer who was addicted to methamphetamine and was on probation for public intoxication, and a Louisiana lawyer who suffered from a neurological and physiological disorder so debilitating that he was asked to leave his firm.
One attorney in Texas had twice before been reprimanded for misconduct, while another Texas lawyer had twice been put on probation by the state bar. Two weeks after being appointed in the capital case, he was put on probation again.
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In Mississippi, Willie Jerome Manning's first appointed attorney withdrew, citing his "most limited knowledged [sic] and familiarity with post-conviction proceedings at all. A third attorney was appointed - by a court order that was misfiled, adding to the delays - seven months after Manning's habeas deadline.
Two other men facing death sentences complained that their lawyer had a drinking problem - and they had the same lawyer. As deadlines approached, some inmates pressed their attorneys for information. Another pleaded, "I want to know what's going on! In several cases, courts have shown that prisoners who schooled themselves in habeas law have sometimes demonstrated a better understanding of legal intricacies than their lawyers. The Supreme Court took note of the phenomenon in the case of Albert Holland, who was sentenced to death for the murder of a Florida police officer who tried to arrest him.
His lawyer, they added, "was wrong about the law. In the tracing of blame, the case of Mississippi death-row inmate Alan Dale Walker offered a triple bank shot. Attorneys for the state put a wrong date in a court filing. The Mississippi Supreme Court incorporated that error into an opinion.
Deadline for Murder
An attorney for Walker then used the opinion to calculate the filing deadline. Walker had a second attorney who had separately calculated the deadline, without relying on the court's opinion. He came up with a different date - but his date was wrong, too. The struggle to find capable lawyers for capital cases has been particularly visible in a handful of states with large numbers of death-row inmates.
Since its death penalty was reinstated in , Florida, for example, has bounced from one troubled arrangement to another for the provision of post-conviction counsel. Of the 80 capital cases with a missed deadline, Florida has 37 - the most of any state by far.
His habeas appeal was filed more than five years after the deadline. The state originally asked private lawyers to do the work free; it got few takers. It then established a special government office to do the work, but later shifted much of the load to a registry of private attorneys after lawmakers complained about the delays and the cost.
The complexities of habeas law often have challenged even the most conscientious defense attorneys. Michelle Kraus is an experienced defense attorney in Fort Wayne, Ind. At the request of a lawyer friend, she signed on to assist with a state-level appeal for Gregory Scott Johnson, who had been convicted in of beating an year-old woman to death. But after her friend left the case, Kraus wound up taking it to federal court, where she confronted a steep learning curve.
A Taste For Murder Productions
She got the standard text on habeas practice and procedure - at that point, the two volumes ran to some 2, pages - and read it front to back. She also traveled to Atlanta to attend a one-week seminar on capital litigation, taught by some of the country's leading experts. Kraus devoted long hours to Johnson's petition, which included a claim that prosecutors failed to disclose evidence that might have reduced Johnson's culpability and perhaps spared him the death penalty.
She dropped the petition in the mail three days before deadline, but it arrived one day late. Instead of using first-class mail, Kraus should have opted for FedEx or a courthouse messenger, the court said. The person held accountable would be Johnson. Telling Johnson about her mistake - and how he would be punished for it - "was probably the hardest thing I've ever done," Kraus says.
She stayed on the case - "he forgave me," she says - and was with Johnson for his last meal before he was executed in Sometimes, even legal organizations that are usually lauded for the quality of their capital work have faced criticism.
In a Georgia case, a federal judge chastised lawyers with the Southern Center for Human Rights, a nonprofit that opposes the death penalty and provides free legal support to prisoners in capital cases. The Southern Center lawyers had left the case well before an inmate's habeas petition was due, but the judge argued that they should have done more to find replacement counsel and to help the inmate determine the filing deadline.
One of the authors of the two-volume legal guidebook on habeas practice, James S. Liebman, a law professor at Columbia University, says the complexity and vagueness of the law has given lawyers all kinds of procedural nuances over which to fight. An important result has been that prosecutors have more ways to get a petition thrown out on procedural grounds - an advantage that they have seized "energetically and assiduously," Liebman says. The guidebook, now in its sixth edition, has grown over the years to 2, pages.
Confronted with late filings, courts have embraced a remedy called "equitable tolling," which allows judges to waive a missed deadline in some circumstances. But courts limit its application to extraordinary situations, and the standard has been applied unevenly around the country. Plain negligence - or a "simple gaffe," as the court labeled the mistake Kraus made - generally will not merit a judge's forbearance.
What's new?
But abandoning clients or lying to them often will constitute grounds for setting the deadline aside. Attorney Michelle Kraus represented death row inmate Gregory Scott Johnson for almost 10 years before his execution in In the 80 capital cases, courts have granted equitable tolling in about a third. At least three of the inmates whose habeas petitions were reviewed went on to receive new trials. The courts usually won't forgive a missed deadline if an attorney misinterpreted the law, a mistake that gets categorized as negligence.
But a federal court in Ohio did so in the case of Michael Keenan, a landscaper who was convicted of murdering a young man found in a Cleveland park. When Werneke came onto the case in , after Keenan had been granted equitable tolling, the state's case was already showing signs of unraveling. In , a U. Citing the state's "egregious prosecutorial misconduct" in withholding evidence, an Ohio county judge later ruled that prosecutors can't retry Keenan, allowing him to go free. When a deadline is missed, an inmate's federal appeal can be lost - no matter the strength of the argument for a new trial, and even if the late filing can be attributed more to hard luck than ineptitude.
The law requires that prosecutors turn over evidence favorable to the defense before trial. However, none of Stout's stories involve the inner structure of the Gazette. In Death on Deadline , the current owners of the Gazette are getting old, and a Scottish press baron, Ian MacLaren, is expressing an interest in acquiring the Gazette as part of his quest to own a major paper in the largest city of every English-speaking country he already has the others.
After sending Archie on a mission to get samples of several of MacLaren's newspapers for more detailed examination, Wolfe becomes alarmed enough to place a full-page advertisement in ' The New York Times ' to publicly question whether MacLaren is a suitable owner of the newspaper and to offer assistance to any parties that agree with his point of view.
From Wikipedia, the free encyclopedia. This article does not cite any sources. Please help improve this article by adding citations to reliable sources. Shootings there are a dime a dozen. I just know what sells tickets to TV in this town. I have to hold back a smile.
He seems calmed by the sound of the machine slicing through the wood and the lead, the buzz of that little saw drilling in the narrow hole inside the machine. My arms and legs are confined close to my body. My body hurts so badly that my eyes keep closing.. The man in the fatigues has his weapon balanced against the wall. I have to call home. My God, I hope the kids made it back okay. He was not just a victim of mistaken identity, of a crime perpetrated by a gang of killers.