Shortly after Christmas, the Eleventh Circuit barred an appeal from Ronald B. Smith, a death row inmate in Alabama, due to his failure to “properly file” a document by the court deadline. The filing was actually timely but his lawyer failed to include a $154 filing fee or, in the alternative, file a motion that his client was indigent. He was indigent but that did not stop the Eleventh Circuit from barring the death row appeal. The Supreme Court has twice rebuked the Eleventh Circuit for its draconian treatment of such minor rules in capital cases but the judges on that court continue to dispense with notions of equity and proportionality (and justice) in barring such appeals. It turns out that his lawyer was under probation at the time and later committed suicide.
The case reminds many of us of the actions by Texas Judge Sharon Keller and other judges.
Notably, the appeal has merit. The jury in the case voted seven to five against the death penalty but Alabama allows the judge to override the recommendation and the judge sentenced him to death.
To make this even more unjust, it turns out that Smith’s lawyer himself was on probation for public intoxication and addicted to crystal methamphetamine. His lawyer, C. Wade Johnson, would ultimately be charged with drug possession, declare bankruptcy and commit suicide. Yet, none of this made any difference to the judge on the Eleventh Circuit.
Alabama has been repeatedly criticized by the Court for its capital justice system, including the failure of the state to supply counsel for indigent defendants in post-conviction cases.
The Eleventh Circuit however found that the involvement of another attorney (even though he was not licensed to practice in Alabama) made the failure to pay the small fee or file the perfunctory motion inexcusable. Judge Rosemary Barkett dissented noted rather obviously that “it is unjust and inequitable,” she wrote, “to require death row inmates to suffer the consequences of their attorneys’ negligence.”
Source: NY Times
Horrid
Would some attorney in the know tell me why Alabama allows a judge to override a jury’s decision in a death penalty sentence when the US Supreme court declared only a Jury can hand down a death sentence? Or am I under the wrong impression.
Respect the jury’s wishes. 7 to 5 against the death penalty. It is what it is.
Personally, if I was a court clerk and saw the appeal paperwork come in and having knowledge of this case, the 7 to 5 issue and all, I would call up the attorney’s office and mention the fee being due. And if no answer before the deadline, $154 in cash would somehow appear out of thin air and guarantee this man’s appeal. Yes, I took my lunch break at the restaurant across from my bank, but that is strictly a coincidence.
correction … It’s that agent who dropped the ball first in selecting the attorneys and then again in failing to supervise them, also responsible?
Who in the hell selected these two to represent Mr. Smith? I take it they were selected by and paid by someone other than Mr. Smith who being indigent and on death row couldn’t exercise any control over the process. Whomever hired the drunken druggie attorney and the out of state, non-licensed to practice in the state attorney, acted as Mr. Smith’s agent … right? Okay, so that agent should also face charges and disbarment procedures (if licensed) for failing so totally in successfully acting on Mr. Smith’s behalf … right?
I’ve read through the original article and tried to find others wherein the agent representing Mr. Smith and thus responsible for selecting the idiots is identified. All I can find is … “The legal system generally answers by saying that lawyers are their clients’ agents. The answer makes perfect sense when you are talking about sophisticated clients who choose their lawyers, supervise their work and fire them if they turn out to be incompetent or worse.
But the theory turns problematic, Judge Barkett wrote, when the clients are on death row, have no role in the selection of their lawyers and have no real control over them.” (NY Times)
It’s that agent who dropped the ball first in selecting the attorneys and then again in failing to supervise them.
Am I right or am I wrong?
Bron,
I’m not saying he don’t deserve to die….. But substantative due process and procedural due process are two separate beasts….. Kill him because he has had his due process, not because you can…..
Let me see the attorney does something inexcusable but the client pays. I don’t know anything about this case but not paying a fee on time should not be a basis to dismiss an appeal in a death penalty case.
AY:
the guy did kill a store clerk. so he is a scumbag. but it does seem he did get the shaft before the needle.
I believe the 5th and 6th would do the same….
Any circuit but for the 9th and in my opinion is tenable…..would use this technical procedure to screw someone…… Where’s Kay posting today…… Is this justice…..
http://www.supremecourt.gov/opinions/11pdf/10-63.pdf
no death penalty, your indgent so you push someone in front of a subway train to kill him you go to jail forever and live to the ripe old age of 86 (average age for lifers in prison) free medical board and room food.
What, is Judge Bork on this court? Sad to say, but these judges are more likely Republican appointees then those by Democratic appointees. Too many Republican appointees seem to have disdain with the concept of our civil rights and COnstitutional rights.
The old common law notion of “equity” appears to have been abandoned in Alabama. The dismissal of this appeal for lack of fee payment is to my mind criminal in and of itself.
…its indifference to the truth -rafflaw
Well said, rafflaw. There’s too much “indifference to the truth.”
Disgusting case. The entire Alabama court system should be reviewed to see how many people are incarcerated illegally and how many innocent people have been killed by the state and its indifference to the truth.
It’s only a matter of time before the death penalty is no longer an option in any of the 50 states, just a matter of time. Are there some cases that are slam dunk, Yep, have one here in Idaho, no question of his guilt, DNA, eye witness, plead guilty. He may or may not ever face his death sentence. Our Criminal justice system is overflowing with criminals as has been pointed out in many articles.
So what to do? How about no death penalty and keep the worst of the worst in for life. Reduce the number of “criminals” in our jail system by much better substance abuse programs to get the non-violent back to a life with society. How about not putting people in prison who smoke marijuana? Drug cases do not belong in criminal court.
Let me see, if your indigent you can go and kill at will and not face the death penalty? Why haven’t mass murders Jared Lee Loughner and James Holmes been put to death? These should be open and shut cases, who needs them? How about William Spengler, killed his grandmother in 1980 with a hammer doesn’t get the chair gets out of jail sets an ambush in upstate New York and kills 2 firemen. That alone says something for the death penalty.
There seems to be a trend in American society that is troubling.
On one hand we demonize inappropriate social behavior – tasteless, stupid comments. Societal responses to such behavior frequently resemble lynch mobs.
On the other hand, we allow the state to commit acts of cruelty such as this column describes. Given the typical media (and reader) responses, we tend to regard these state actions with equanimity.
“Notably, the appeal has merit. The jury in the case voted seven to five against the death penalty but Alabama allows the judge to override the recommendation and the judge sentenced him to death.” -Jonathan Turley
Who was the judge who overrode the jury’s recommendation?
Our “justice” system…
Why is an Alabama case in the Sixth Circuit?
Color me confused. Barkett appears to be an Eleventh Circuit judge.
http://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Eleventh_Circuit
http://en.wikipedia.org/wiki/Rosemary_Barkett