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Proposed Court of Criminal Appeals rule change would punish last-minute appeals as "untimely"

The Texas Court of Criminal Appeals has proposed a rule change that would move up the deadline for last-minute habeas appeals in death penalty appeals to 48 hours before the execution date. Here's the full text (pdf) of the proposed rule change:MISCELLANEOUS RULE 08-101Procedures in Death Penalty Cases Involving Requests for Stay of Execution and Related Filings in Texas State Trial Courts and the Court of Criminal Appeals1. Time Requirements for Habeas Petitions or Other Motions. Inmates sentenced to death who seek a stay of execution or who wish to file a subsequent writ application or other motion seeking any affirmative relief from, or relating to, a death sentence must exercise reasonable diligence in timely filing such requests. A motion for stay of execution, or any other motion relating to a death sentence, shall be deemed untimely if it is filed less than forty-eight hours before 6:00 p...continue to full post

Full post as published by Grits for Breakfast on August 05, 2008 (boomark / email).