STUDIES: Lawyers for Death Row Inmates Missed Critical Filing Deadlines in 80 Cases

An investigation by The Marshall Project showed that since Congress put strict time restrictions on federal appeals in 1996, lawyers for death row inmates missed the deadline at least 80 times, including 16 in which the prisoners have since been executed. The most recent of such cases occurred on Nov. 13, when Chadwick Banks was put to death in Florida with no review in federal court. This final part of a death penalty appeal, also called habeas corpus, has been a lifesaver for inmates whose cases were marked with mistakes ignored by state courts. The Project’s report, Death by Deadline, noted, “Some of the lawyers’ mistakes can be traced to their misunderstandings of federal habeas law and the notoriously complex procedures that have grown up around it. Just as often, though, the errors have exposed the lack of care and resources that have long plagued the patchwork system by which indigent death-row prisoners are provided with legal help.” One Alabama lawyer who missed the deadline was addicted to methamphetamine and was on probation for public intoxication. An attorney in Texas who filed too late had been reprimanded for misconduct, while another Texas lawyer had been put on probation twice by the state bar. Two weeks after being appointed in the death penalty case, he was put on probation again.

(K. Armstrong, “Lethal mix: Lawyers’ mistakes, unforgiving law,” Washington Post (The Marshall Project, Part I), November 16, 2014). See Representation and Studies.