Cory Maples? Tell me about the case?

Started by patientlywaiting, January 19, 2012, 01:26:27 AM

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patientlywaiting

Cory Maples TELL ME ABOUT THE CRIME Help me my friends

An Alabama death row inmate stymied by a law firm's egregious mail room mix-up will have the opportunity to appeal his death sentence, the Supreme Court ruled on Wednesday morning.

In 2001, Cory Maples thought he had won the lottery when he obtained the help of two attorneys at Sullivan & Cromwell, a prestigious New York law firm, to convince an Alabama trial court that his death sentence four years earlier was due to unconstitutionally bad lawyering. That luck, it turned out, was short-lived.

First, his two lawyers left the firm before the trial court decided if it would give Maples the postconviction relief he sought. Then, the court denied Maples that relief and sent notice to the New York law firm, unaware the attorneys no longer worked there. The firm, in turn, returned the notice unopened to the trial court clerk, who then proceeded to take no action.

Only after the state sent Maples a letter in prison that his time to appeal had expired did his mother call Sullivan & Cromwell to ask about her son's case. Egg on its face, the firm pleaded with the trial court to restart the appeal period. But by then, the damage had been done: All state and federal courts refused to excuse Maples for his attorneys' failure to file a timely appeal, communication breakdowns and mailroom blunders notwithstanding.

Those decisions relied on settled precedents that clients bear risk of their lawyers' negligence. Missing a filing deadline is a textbook example of such negligence that courts often refuse to excuse.

But the Supreme Court, siding with Maples in a 7-2 vote, found that the facts surrounding Maples' case amounted to more than simple attorney negligence. Maples, wrote Justice Ruth Bader Ginsburg on behalf of the Court, had been effectively abandoned not only by the two New York lawyers, but also by the Alabama lawyer, John Butler, whom the lawyers had associated with in order to practice in Alabama. Butler, upon signing onto the case, told his colleagues that he would not make any actual contribution to the case, contrary to Alabama's requirement that local counsel be more than simple facilitators for out-of-state representation.

"That the minimal participation he undertook was inconsistent with Alabama law," Ginsburg wrote, "underscores the absurdity of holding Maples barred because Butler signed on as local counsel."


"Abandoned by counsel, Maples was left unrepresented at a critical time for his state postconviction petition, and he lacked a clue of any need to protect himself," Ginsburg continued. "In these circumstances, no just system would lay" the blame for Maples' missing the deadline to appeal at his "death-cell door."

The Court rarely takes cases that offer no opportunity to issue a broadly applicable rule of law, even if those cases present clear cases of injustice against specific individuals. But Maples' case presented such an extraordinary set of facts -- described in a short concurrence by Justice Samuel Alito as "a veritable perfect storm of misfortune, a most unlikely combination of events" -- that the Court intervened on Maples' behalf.

Responding to the decision, John Payton, the director-counsel of the NAACP Legal Defense & Educational Fund, told HuffPost that the ruling, despite its narrow application to Maples alone, "focuses attention on the larger issue that death should not be the consequence of someone having an inadequate lawyer."

This was precisely the point that seemed to motivate Justice Antonin Scalia, joined by Justice Clarence Thomas, in his dissent. Refusing to find that Maples had been abandoned by his lawyers, which also included the New York attorneys' superiors at the law firm, Scalia wrote that the majority's reasoning "invites future evisceration of the principle that defendants are responsible for the mistakes of their attorneys."

But there are mistakes, and then there are mistakes, emphasized Payton. "There are a lot of other eye-popping cases out there that are just heartbreaking for what went wrong," he said.

ScoopD (aka: Pam)

I am with Scalia on this one.

The prisons have law librarys and I totally believe this inmate should have educated himself on the time restraints and he should have kept in touch with his attorneys to make sure they were doing their job, afterall his life is at stake here, no?  But of course he was probably too busy using his stamps for communication with the likes of PTO folks..................

PS: Scalia happens to be my favorite Supreme    ;)       I absolutely despise Ruthie !
<br /><br />If there must be trouble, let it be in my day, that my child may have peace. -Thomas Paine<br /><br />My reason for supporting capital punishment: My cousin 16 yr. old Amanda Greenwell was murdered in March of 2004 at the hands of serial killer Jeremy Bryan Jones.

Hutchsmash

I am on the phone every day when I have something important that I am waiting on.  Bet your ass if i were waiting on an appeal i'd be blowing up phones, mailboxes, whatever I could to make sure my stuff was in line.  This guy was just lazy and stupid so lets reward him.   :P
"How come life in prison doesn't mean life? Until it does, we're not ready to do away with the death penalty. Stop thinking in terms of "punishment" for a minute and think in terms of safeguarding innocent people from incorrigible murderers."

JESSE VENTURA, I Ain't Got Time to Bleed

AnneTheBelgian

We have a special thread who talks about Cory Maples :



Here it is : http://off2dr.com/smf/index.php?topic=7953.msg106395#msg106395



:-* :-*









Anne
"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

AnneTheBelgian

And here is Cory Maples... >:(









Anne
"DEATH PENALTY OPPONENTS WHO TWIST THE TRUTH TO PROTECT KILLERS ARE ALSO TORTURING VICTIMS FAMILIES" (PETER BRONSON, CINCINNATI ENQUIRER,FEBRUARY 3, 2003)

PRO DEATH PENALTY AND PROUD OF IT !!!

JE MAINTIENDRAI (MOTTO OF WILLIAM I THE SILENT, PRINCE OF ORANGE, 1533 - 1584, MOTTO OF THE NETHERLANDS)

DEO JUVANTE (MOTTO OF THE PRINCIPALITY OF MONACO)

PROUD TO BE BELGIAN !!! I LOVE MY KINGDOM !!!

Angelstorms OL'Man

Yea  i dont  get  it ether, he should have stayed in contact. to see  what  was  being done. Now  if  they  did drop  the ball then  this  is  a 50/50 to way split. He must  not  be  innocent cuz  if  he was  he would be  at  the law library ever chance he got. So with no new evidence to show cause.  set  a date for  next Tuesday. 
This was designed to hurt....Its a SEAL Candace unless you have been there yo will never understand...

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