US SUPREME COURT DECISION  JANUARY 18, 2012

Justice Ginsberg wrote the opinion in the Alabama case of  Maples v. Alabama Dept. Corrections

         The Defendant, Cory R. Maples, was charged with and convicted of two murders.  He was sentenced to death.

         The deficiences in his representation began at trial where he was appointed two lawyers who had little experience.  He went through the Alabama trial and appellate process.  Then two volunteer New York lawyers, serving pro bono,  filed his post-trial relief motion in the Alabama courts.  They were representatives of a large firm and asked an Alabama lawyer to obtain permission of the Alabama court to permit them to appear in the Alabama Courts.  That lawyer made it clear that he played no role in the case, merely was seeking leave of the Alabama courts to permit these lawyers to appear and represent Mr. Maples.

           The New York lawyers filed the motion but while it was pending both lawyers left the large, New York  law firm, without notifying Mr. Maples or the court.  They could no longer represent him in their new employment.  Since they did not withdraw from the case and all subsequent notices and orders continued to be served on them as counsel for Mr. Maples.  No one did anything, and the time to appeal the denial of relief ran out.  When Mr. Maples attempted to litigate his federal post conviction motion he was rejected because he had failed to appeal in state court.

           In reversing the Eleventh Circuit Court of Appeals, The Supreme Court found that there existed “cause”  sufficient to excuse the state court default.  ”Abandoned by counsel…no just system would lay the default at Maples’ death-cell door.”