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The Eleventh Circuit paints a dim picture of life in the lower federal courts

By Karl R. Keys, Esq.

In perhaps the most blistering & troubling opinions I have seen concerning an indigent defender (and certainly the most blistering in recent memories) the Eleventh Circuit earlier this week unloaded on Florida’s Capital Collateral Regional Counsel (CCRC) North. Ernest C. Downs v. McNeil, 208 U.S. App. LEXIS 6090; 2008 WL 756348 (11th Cir. 3/24/2008).  Finding the allegations raise present claims of “serious attorney misconduct” that could permit “equitable tolling” the panel remands. I’m going to stop there so as not to make friends in to enemies, and I’ll let Klerk at Appellate Review catch the heat: Beginning in 1992, Downs was represented by Florida’s Capital Collateral Regional Counsel organization, a special government body charged with assisting indigent death-row inmates...continue to full post

Full post as published by Capital Defense Weekly on March 27, 2008 (boomark / email).