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Maples: No Excuse for Procedural Default

By Tim Cone

In Maples v. Allen, No. 07-15187 (Oct. 26, 2009), the Court affirmed the denial of habeas relief to an Alabama death-row inmate.After his murder conviction and death sentence were affirmed on direct appeal in the Alabama courts, Maples, represented by counsel, filed for collateral relief in Alabama state court. The court denied relief, and Maples? lawyers neglected to file a timely appeal. The Alabama courts found that the deadline for filing an appeal barred Maples from pursuing collateral relief. Maples brought a federal habeas action, alleging the same claims asserted in the Alabama collateral relief suit. The Court found that these claims were procedurally defaulted.The Court found that Maples could not excuse the procedural default, because he was not entitled to representation in his collateral proceeding, and therefore could not establish ineffective assistance...continue to full post

Full post as published by Defense Newsletter Blog on October 27, 2009 (boomark / email).