Archive for August, 2010
Prominent N.Y. Law Firm’s Failure to Meet Filing Deadline in Alabama Death Penalty Appeal May Cost Appellant His Life
Cory Maples was convicted of murdering two companions and sentenced to death in a 10 to 2 vote by an Alabama jury. Alabama is the only state that does not provide indigent death row inmates with lawyers to appeal their convictions and sentences. Death row inmates must rely on pro bono lawyers to represent them on appeal in Alabama.
Two associates from Sullivan and Cromwell, a prominent New York law firm, agreed to represent Mr. Maples without charge. However the two associates subsequently left the firm, and when the Alabama court sent two copies of a ruling in Mr. Maples’ case to the firm’s mailroom it sent them back unopened. The firm had not notified the court or the mailroom that new lawyers had stepped in. Furthermore, it appears the firm’s name did not appear on the papers it submitted in Alabama.
Mr. Maples has been unable to persuade the Alabama courts and the federal appeals court in Atlanta to waive the deadline for filing an appeal in his case. The federal appeals court was not persuaded to waive the deadline despite the fact that the Alabama court did not send a copy of the ruling to Mr. Maples, stating in its opinion that, “Maples never requested the clerk to give him personal notice in addition to his counsel.”
Mr. Maples, through another pro bono attorney, has petitioned the U.S. Supreme Court to hear his case. The 11th Circuit opinion is available here