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The U.S. Supreme Court appears likely rule in favor of a death row inmate in Alabama who missed a deadline for appeal when a court notice sent to his lawyers at a top New York City firm was returned to sender because both lawyers had left the company.
Continue ReadingLiberal and conservative justices alike, with the exception of Justice Antonin Scalia, signaled on Tuesday that they would throw out a federal appeals court ruling on Cory Maples that was based on the missed deadline, The Associated Press reports.
Justice Samuel Alito said he didn?t understand why Alabama fought to deny Maples?s right to an appeal when he missed the court deadline ?through no fault of his own.?
Justice Elena Kagan also expressed her disapproval, asking Alabama Solicitor General John Neiman what the clerk should have done when an important capital punishment case notice was returned. ?Huh, should I do anything now?? Kagan said.
And when Neiman pointed out that a local lawyer received the notice and that this should have sufficed, Chief Justice John Roberts questioned Neiman on whether that lawyer did anything on behalf of Maples. ?You still haven?t told me one more thing,? Roberts said.
Maples, 37, was sentenced to death on charges of shooting to death two people in 1995.
Two lawyers at the New York-based Sullivan & Cromwell agreed to represent him pro bono, but in the summer of 2002, both lawyers had left the law firm for other jobs, resulting in Maples, who was unaware of his lawyers? departures, to miss his deadline to make an appeal.
The inmate?s current lawyers, former Solicitor General Gregory Garre, said his client shouldn?t be put to death before a court reviews ?serious constitutional questions,? the AP said, while Alabama is insisting that the high court uphold the death sentence.
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