The U.S. Supreme Court announced today that it would hear an appeal from a death row inmate who is slated for execution in Alabama because of a mix-up in the mailroom of one of New York’s most prominent white shoe law firms.
Two associates at the law firm of Sullivan & Cromwell were representing pro bono a client in Alabama named Cory Maples in his death row appeals. An Alabama state court sent the associates two copies of a judicial order in Maples’ case, but since the associates no longer worked at S&C, the mailroom staff sent the orders back to the court unopened and stamped “Return to Sender.” By the time Maples had found new counsel, the deadline for appealing from the court’s order had passed. The 11th Circuit Federal Court of Appeals held that it was too late for Maples to appeal, even though the fault was completely that of his attorneys.
The New York Times notes that while the blame has been shifted to the clerks in the mailroom,
An Alabama lawyer, John G. Butler Jr., also represented Mr. Maples and also received a copy of the ruling. Mr. Butler said in a sworn statement that he was Mr. Maples’s lawyer in name only, serving as local counsel for the New York lawyers handling the case. He said he had not passed the ruling along to them or to Mr. Maples.
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