maples
thomas
commissioner
alabama
department
corrections
argued
october
decided
january
petitioner
cory
maples
found
guilty
murder
sentenced
death
alabama
state
maples
sought
postconviction
relief
state
alabama
rule
maples
alleged
among
things
underpaid
inexperienced
trial
attorneys
failed
afford
effective
assistance
guaranteed
sixth
amendment
petition
written
two
pro
bono
attorneys
jaasai
munanka
clara
associated
new
york
offices
sullivan
cromwell
law
firm
required
alabama
law
two
attorneys
engaged
alabama
lawyer
john
butler
move
admission
pro
hac
vice
butler
made
clear
however
undertake
substantive
involvement
case
maples
state
postconviction
petition
pending
munanka
left
sullivan
cromwell
new
employment
disabled
representing
maples
inform
maples
departure
consequent
inability
serve
counsel
disregard
alabama
law
neither
sought
trial
leave
withdraw
sullivan
cromwell
attorney
entered
appearance
moved
substitute
counsel
otherwise
notified
change
maples
representation
thus
munanka
butler
remained
maples
listed
attorneys
record
trial
denied
maples
petition
may
notices
order
posted
munanka
sullivan
cromwell
address
postings
returned
unopened
trial
clerk
attempted
mailing
butler
also
received
copy
order
act
attorney
record
fact
acting
maples
behalf
period
maples
file
notice
appeal
ran
month
later
alabama
assistant
attorney
general
sent
letter
directly
maples
letter
informed
maples
missed
deadline
notified
four
weeks
remaining
file
federal
habeas
petition
maples
immediately
contacted
mother
called
sullivan
cromwell
three
sullivan
cromwell
attorneys
butler
moved
trial
reissue
order
thereby
restarting
appeal
period
denied
motion
alabama
criminal
appeals
denied
writ
mandamus
granted
maples
leave
file
appeal
state
affirmed
thereafter
maples
sought
federal
habeas
relief
district
eleventh
circuit
denied
request
pointing
procedural
default
state
maples
failure
timely
appeal
state
trial
order
denying
rule
petition
postconviction
relief
held
maples
shown
requisite
cause
excuse
procedural
default
pp
rule
federal
may
entertain
state
prisoner
habeas
claims
state
declined
address
claims
prisoner
failed
meet
state
procedural
requirement
state
judgment
rests
independent
adequate
state
procedural
grounds
walker
martin
bar
federal
review
may
lifted
however
prisoner
demonstrate
cause
procedural
default
state
actual
prejudice
result
alleged
violation
federal
law
coleman
thompson
cause
procedural
default
exists
something
external
petitioner
something
fairly
attributed
efforts
comply
state
procedural
rule
prisoner
postconviction
attorney
negligence
qualify
cause
attorney
prisoner
agent
agency
law
principal
bears
risk
agent
negligent
conduct
thus
petitioner
bound
attorney
failure
meet
filing
deadline
rely
failure
establish
cause
ibid
markedly
different
situation
arises
however
attorney
abandons
client
without
notice
thereby
occasions
default
cases
relationship
severed
attorney
acts
omissions
fairly
attributed
client
client
faulted
failing
act
behalf
lacks
reason
believe
attorneys
record
fact
representing
holland
florida
instructive
found
deadline
filing
federal
habeas
petition
tolled
equitable
reasons
attorney
unprofessional
conduct
may
sometimes
extraordinary
circumstance
justifying
equitable
tolling
recognized
attorney
negligence
provide
basis
tolling
statutory
time
limit
holland
claim
abandoned
attorney
however
true
suffice
establish
extraordinary
circumstances
beyond
control
opinion
alito
pp
time
initial
rule
petition
well
time
ran
appealing
trial
denial
petition
maples
sole
attorneys
record
munanka
butler
unknown
maples
none
lawyers
fact
serving
attorney
appeal
period
pp
state
contends
sullivan
cromwell
represented
maples
throughout
state
postconviction
proceedings
result
maples
establish
abandonment
counsel
period
undisputed
munanka
severed
agency
relationship
maples
long
default
occurred
furthermore
attorneys
seek
trial
permission
withdraw
allowed
records
convey
remained
attorneys
record
attorneys
maples
addressees
orders
alabama
law
requires
clerk
furnish
state
asserts
munanka
departure
sullivan
cromwell
attorneys
came
forward
serve
maples
counsel
time
default
however
attorneys
admitted
practice
alabama
entered
appearances
maples
behalf
done
nothing
inform
alabama
wished
substitute
munanka
ingenhousz
thus
lacked
legal
authority
act
maples
behalf
time
appeal
expired
pp
maples
attorney
record
local
counsel
butler
even
begin
represent
maples
butler
told
munanka
serve
local
counsel
purpose
enabling
appear
pro
hac
vice
play
substantive
role
case
factors
confirm
butler
maples
agent
meaningful
sense
word
holland
opinion
alito
upon
receiving
copy
trial
order
butler
contact
sullivan
cromwell
ensure
firm
lawyers
taking
appropriate
action
state
treat
butler
maples
actual
representative
notably
alabama
assistant
attorney
general
wrote
directly
maples
notwithstanding
ethical
obligation
refrain
communicating
directly
opposing
party
known
represented
counsel
pp
maples
left
without
functioning
attorney
record
listing
munanka
butler
representatives
meant
right
personally
receive
notice
fact
received
none
within
days
allowed
commencing
appeal
given
reason
suspect
lacked
counsel
able
willing
represent
maples
surely
blocked
complying
state
procedural
rule
pp
cause
prejudice
requirement
shows
due
regard
finality
comity
interests
ensuring
fairness
remains
central
concern
writ
habeas
corpus
dretke
haley
unusual
circumstances
case
agency
law
principles
fundamental
fairness
point
conclusion
indeed
cause
excuse
maples
procedural
default
fault
lacked
assistance
authorized
attorney
appeal
period
reason
suspect
reality
reduced
pro
se
status
pp
question
prejudice
neither
district
eleventh
circuit
reached
remains
open
decision
remand
reversed
remanded
ginsburg
delivered
opinion
roberts
kennedy
breyer
alito
sotomayor
kagan
joined
alito
filed
concurring
opinion
scalia
filed
dissenting
opinion
thomas
joined
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
cory
maples
petitioner
kim
thomas
commissioner
alabama
department
corrections
writ
certiorari
appeals
eleventh
circuit
january
justice
ginsburg
delivered
opinion
cory
maples
alabama
capital
prisoner
sentenced
death
murder
two
individuals
trial
represented
two
appointed
lawyers
minimally
paid
scant
experience
capital
cases
maples
sought
postconviction
relief
state
alleging
ineffective
assistance
counsel
several
trial
infirmities
petition
filed
august
written
two
new
york
attorneys
serving
pro
bono
associated
new
large
law
firm
alabama
attorney
designated
local
counsel
moved
admission
counsel
pro
hac
vice
understood
new
york
counsel
local
counsel
facilitate
appearance
undertake
substantive
involvement
case
summer
maples
postconviction
petition
remained
pending
alabama
trial
new
york
attorneys
left
law
firm
new
employment
disabled
continuing
represent
maples
inform
maples
departure
consequent
inability
serve
counsel
seek
alabama
trial
leave
withdraw
neither
anyone
else
moved
substitution
counsel
able
handle
maples
case
may
alabama
trial
denied
maples
petition
notices
order
posted
new
york
attorneys
address
law
firm
associated
postings
unopened
trial
clerk
attempted
mailing
attorney
record
fact
acting
maples
behalf
time
appeal
ran
thereafter
maples
petitioned
writ
habeas
corpus
federal
district
turn
eleventh
circuit
rejected
petition
pointing
procedural
default
state
maples
failure
timely
appeal
alabama
trial
order
denying
postconviction
relief
maples
uncontested
blameless
default
sole
question
taken
review
whether
extraordinary
facts
maples
case
cause
excuse
default
maples
maintains
lawyers
believed
vigilantly
representing
abandoned
case
without
leave
without
informing
maples
longer
represent
without
securing
recorded
substitution
counsel
agree
abandoned
counsel
maples
left
unrepresented
critical
time
state
postconviction
petition
lacked
clue
need
protect
pro
se
circumstances
system
lay
default
maples
door
satisfied
requisite
cause
shown
reverse
eleventh
circuit
judgment
alabama
sets
low
eligibility
requirements
lawyers
appointed
represent
indigent
capital
defendants
trial
american
bar
association
evaluating
fairness
accuracy
state
death
penalty
systems
alabama
death
penalty
assessment
report
june
hereinafter
aba
report
brief
alabama
appellate
justices
et
al
amici
curiae
hereinafter
justices
brief
appointed
counsel
need
member
alabama
bar
five
years
prior
experience
active
practice
criminal
law
code
experience
capital
cases
required
justices
brief
state
provide
require
appointed
counsel
gain
professional
education
training
aba
report
brief
appointed
counsel
death
penalty
cases
also
undercompensated
aba
report
justices
brief
state
paid
appointed
capital
defense
attorneys
per
hour
time
expended
per
hour
time
reasonably
expended
preparation
defendant
case
code
although
death
penalty
litigation
plainly
time
state
capped
fees
recoverable
capital
defense
attorneys
work
even
today
attorneys
receive
per
hour
acts
pp
nearly
alone
among
alabama
guarantee
representation
indigent
capital
defendants
postconviction
proceedings
aba
report
justices
brief
state
elected
instead
rely
efforts
typically
volunteers
brief
opposition
barbour
allen
thus
attorneys
representing
alabama
death
row
inmates
state
collateral
review
proceedings
either
worked
equal
justice
initiative
headed
nyu
law
professor
bryan
stevenson
public
interest
groups
like
innocence
project
brief
opposition
occasion
prisoners
sentenced
death
receive
postconviction
representation
see
aba
report
april
approximately
fifteen
alabama
death
row
inmates
rounds
state
appeals
lawyer
represent
system
place
alabama
charged
maples
two
counts
capital
murder
victims
stacy
alan
terry
barry
dewayne
robinson
ii
maples
friends
night
murders
town
maples
pleaded
guilty
case
proceeded
trial
represented
two
alabama
attorneys
one
earlier
served
capital
case
see
tr
neither
counsel
previously
tried
penalty
phase
capital
case
compensation
lawyer
capped
time
spent
preparing
maples
case
per
hour
services
see
code
finding
maples
guilty
counts
jury
recommended
sentenced
death
vote
minimum
number
alabama
requires
death
recommendation
see
code
decision
jury
recommend
sentence
death
must
based
vote
least
accepting
jury
recommendation
trial
sentenced
maples
death
direct
appeal
alabama
criminal
appeals
alabama
affirmed
convictions
sentence
ex
parte
maples
maples
state
crim
app
denied
certiorari
maples
alabama
two
volunteers
represented
maples
postconviction
proceedings
jaasi
munanka
clara
associates
new
york
offices
sullivan
cromwell
law
firm
time
alabama
required
attorneys
associate
local
counsel
seeking
admission
practice
pro
hac
vice
alabama
regardless
nature
proceeding
rule
governing
admission
state
bar
vii
hereinafter
rule
vii
alabama
rule
prescribed
local
attorney
name
appear
orders
pleadings
documents
filed
cause
local
counsel
accept
joint
several
responsibility
foreign
attorney
client
opposing
parties
counsel
administrative
agency
matters
relating
case
rule
vii
munanka
associated
huntsville
alabama
attorney
john
butler
local
counsel
notwithstanding
obligations
alabama
law
butler
informed
munanka
outset
serve
local
counsel
purpose
allowing
two
new
york
attorneys
appear
pro
hac
vice
behalf
maples
app
pet
cert
given
lack
resources
available
time
experience
butler
told
sullivan
cromwell
lawyers
deal
substantive
issues
case
ibid
sullivan
cromwell
attorneys
accepted
butler
conditions
arrangement
local
attorneys
appears
hardly
atypical
see
justices
brief
fact
local
counsel
attorneys
litigation
often
nothing
provide
mechanism
foreign
attorneys
aid
pro
bono
counsel
maples
filed
petition
postconviction
relief
alabama
rule
criminal
procedure
among
claims
maples
asserted
attorneys
provided
ineffective
assistance
guilt
penalty
phases
capital
trial
app
alleged
regard
inexperienced
underfunded
attorneys
failed
develop
raise
obvious
intoxication
defense
object
several
egregious
instances
prosecutorial
misconduct
woefully
underprepared
penalty
phase
trial
state
responded
moving
summary
dismissal
maples
petition
december
trial
denied
state
motion
seven
months
later
summer
munanka
left
sullivan
cromwell
app
pet
cert
munanka
gained
clerkship
federal
judge
accepted
position
european
commission
belgium
ibid
neither
attorney
told
maples
departure
sullivan
cromwell
resulting
inability
continue
represent
disregard
alabama
law
see
rule
crim
proc
comment
neither
attorney
sought
trial
leave
withdraw
app
pet
cert
compounding
munanka
inaction
sullivan
cromwell
lawyer
entered
appearance
maples
behalf
moved
substitute
counsel
otherwise
notified
change
maples
representation
ibid
another
nine
months
passed
time
period
sullivan
cromwell
attorneys
assigned
maples
case
sought
admission
alabama
bar
entered
appearances
maples
behalf
otherwise
advised
alabama
munanka
longer
maples
attorneys
thus
munanka
along
butler
remained
maples
listed
attorneys
record
things
stood
may
trial
without
holding
hearing
entered
order
denying
maples
rule
petition
app
clerk
alabama
trial
mailed
copies
order
maples
three
attorneys
record
sent
munanka
copies
sullivan
cromwell
new
york
address
pair
provided
upon
entering
appearances
copies
arrived
sullivan
cromwell
munanka
long
since
departed
notices
however
forwarded
another
sullivan
cromwell
attorney
instead
mailroom
employee
sent
unopened
envelopes
back
returned
sender
attempted
unknown
stamped
envelope
addressed
munanka
app
reply
brief
opposition
similar
stamp
appeared
envelope
addressed
along
handwritten
notation
return
sender
left
firm
upon
receiving
back
unopened
envelopes
mailed
munanka
alabama
clerk
took
action
particular
clerk
contact
munanka
personal
telephone
numbers
home
addresses
provided
pro
hac
vice
applications
see
verified
application
admission
practice
rule
vii
munanka
verified
application
admission
practice
rule
vii
maples
state
morgan
clerk
alert
sullivan
cromwell
butler
butler
received
copy
order
act
app
pet
cert
assumed
munanka
cc
order
take
care
filing
appeal
ibid
meanwhile
clock
ticked
maples
appeal
alabama
rules
appellate
procedure
maples
days
file
notice
appeal
trial
may
order
denying
maples
petition
postconviction
relief
rule
appeal
notice
filed
time
allowed
filing
expired
july
little
month
later
august
alabama
assistant
attorney
general
jon
hayden
attorney
representing
state
maples
collateral
review
proceedings
sent
letter
directly
maples
app
pet
cert
hayden
letter
informed
maples
missed
deadline
initiating
appeal
within
state
system
notified
four
weeks
remained
file
federal
habeas
petition
ibid
hayden
mailed
letter
maples
using
prison
address
ibid
copy
sent
maples
attorneys
record
anyone
else
acting
maples
behalf
ibid
upon
receiving
state
letter
maples
immediately
contacted
mother
telephoned
sullivan
cromwell
inquire
son
case
ibid
prompted
call
sullivan
cromwell
attorneys
marc
de
leeuw
felice
duffy
kathy
brewer
submitted
motion
butler
asking
trial
reissue
order
denying
maples
rule
petition
thereby
restarting
appeal
period
trial
denied
motion
munanka
withdrawn
case
consequently
still
attorneys
record
petitioner
furthermore
added
attorneys
de
leeuw
duffy
brewer
yet
admitted
practice
alabama
entered
appearances
attorneys
record
ibid
asked
circuit
clerk
decatur
alabama
know
going
law
firm
new
york
new
york
declining
blame
clerk
missed
notice
appeal
deadline
said
unwilling
enter
subterfuge
order
gloss
mistakes
made
counsel
petitioner
ibid
maples
next
petitioned
alabama
criminal
appeals
writ
mandamus
granting
leave
file
appeal
rejecting
maples
plea
criminal
appeals
determined
although
clerk
assumed
duty
notify
parties
resolution
maples
rule
petition
clerk
satisfied
obligation
sending
notices
attorneys
record
addresses
attorneys
provided
butler
receipt
order
observed
sufficed
notify
attorneys
light
apparent
status
quoting
thomas
kellett
alabama
summarily
affirmed
criminal
appeals
judgment
app
pet
cert
denied
certiorari
maples
alabama
exhausted
state
postconviction
remedies
maples
sought
federal
habeas
corpus
relief
addressing
claims
maples
stated
federal
petition
state
urged
maples
forever
forfeited
claims
maples
indeed
present
claims
state
postconviction
rule
petition
state
observed
timely
appeal
trial
denial
petition
procedural
default
state
maintained
precluded
consideration
maples
replied
default
excused
missed
appeal
deadline
fault
app
internal
quotation
marks
omitted
district
determined
maples
defaulted
claims
shown
cause
sufficient
overcome
default
app
pet
cert
understood
maples
argue
errors
committed
postconviction
counsel
lapse
part
clerk
alabama
provided
requisite
cause
excuse
failure
meet
alabama
rule
argument
inadmissible
ruled
coleman
thompson
held
ineffectiveness
postconviction
appellate
counsel
qualify
cause
app
pet
cert
citing
coleman
divided
panel
eleventh
circuit
affirmed
maples
allen
per
curiam
accord
district
appeals
majority
held
maples
defaulted
claims
state
failing
file
timely
notice
appeal
coleman
rendered
maples
assertion
cause
unacceptable
judge
barkett
dissented
concluded
alabama
criminal
appeals
acted
arbitrarily
refusing
grant
maples
request
appeal
case
involving
indistinguishable
facts
judge
barkett
noted
alabama
appellate
allowed
petitioner
file
late
appeal
ibid
citing
marshall
state
crim
app
inconsistent
application
rule
judge
barkett
said
render
ed
rule
inadequate
ground
bar
federal
review
maples
claims
interests
justice
added
required
review
maples
claims
view
exceptional
circumstances
high
stakes
involved
absence
fault
maples
part
ibid
granted
certiorari
decide
whether
uncommon
facts
presented
establish
cause
adequate
excuse
maples
procedural
default
ii
rule
state
prisoner
habeas
claims
may
entertained
federal
state
declined
address
claims
prisoner
failed
meet
state
procedural
requirement
state
judgment
rests
independent
adequate
state
procedural
grounds
walker
martin
slip
quoting
coleman
bar
federal
review
may
lifted
however
prisoner
demonstrate
cause
procedural
default
state
actual
prejudice
result
alleged
violation
federal
law
see
wainwright
sykes
given
single
issue
granted
review
assume
purposes
decision
alabama
criminal
appeals
refusal
consider
maples
claims
rested
adequate
state
procedural
ground
namely
maples
failure
satisfy
alabama
rule
requiring
notice
appeal
filed
within
days
trial
final
order
accordingly
confine
consideration
question
whether
maples
shown
cause
excuse
missed
notice
appeal
deadline
cause
procedural
default
exists
something
external
petitioner
something
fairly
attributed
efforts
comply
state
procedural
rule
coleman
quoting
murray
carrier
emphasis
original
negligence
part
prisoner
postconviction
attorney
qualify
cause
coleman
reasoned
coleman
attorney
prisoner
agent
principles
agency
law
principal
bears
risk
negligent
conduct
part
agent
see
also
irwin
department
veterans
affairs
system
representative
litigation
party
deemed
bound
acts
quoting
link
wabash
thus
petitioner
postconviction
attorney
misses
filing
deadline
petitioner
bound
oversight
rely
establish
cause
coleman
disturb
general
rule
markedly
different
situation
presented
however
attorney
abandons
client
without
notice
thereby
occasions
default
severed
relationship
attorney
longer
acts
fails
act
client
representative
see
restatement
third
law
governing
lawyers
comment
withdrawal
whether
proper
improper
terminates
lawyer
authority
act
acts
omissions
therefore
fairly
attributed
client
coleman
see
jamison
lockhart
attorney
conduct
may
provide
cause
excuse
state
procedural
default
result
conflict
interest
attorney
ceased
petitioner
agent
porter
state
ark
finding
good
cause
petitioner
failure
file
timely
habeas
petition
petitioner
attorney
terminated
representation
without
notifying
petitioner
without
taking
formal
steps
withdraw
attorney
record
recent
decision
holland
florida
instructive
case
involved
missed
deadline
prescribed
filing
federal
habeas
petition
holland
presented
two
issues
first
whether
time
limitation
tolled
equitable
reasons
second
whether
attorney
unprofessional
conduct
ever
count
extraordinary
circumstance
justifying
equitable
tolling
slip
internal
quotation
marks
omitted
answered
yes
questions
second
issue
recognized
negligence
example
miscalculating
filing
deadline
provide
basis
tolling
statutory
time
limit
slip
alito
concurring
part
concurring
judgment
slip
see
lawrence
florida
holland
petitioner
however
urged
attorney
negligence
gravamen
complaint
rather
asserted
lawyer
detached
trust
relationship
client
lawyer
abandoned
petitioner
complained
slip
brackets
internal
quotation
marks
omitted
see
nara
frank
ordering
hearing
whether
client
effective
abandonment
lawyer
merited
tolling
deadline
filing
federal
habeas
petition
concurring
opinion
holland
justice
alito
homed
essential
difference
claim
attorney
error
however
egregious
claim
attorney
essentially
abandoned
client
slip
holland
plea
fit
latter
category
alleged
abandonment
evidenced
counsel
failure
communicate
petitioner
respond
petitioner
many
inquiries
requests
period
several
years
slip
see
majority
opinion
slip
true
justice
alito
explained
petitioner
allegations
suffice
establish
extraordinary
circumstances
beyond
control
common
sense
dictates
litigant
held
constructively
responsible
conduct
attorney
operating
agent
meaningful
sense
word
slip
agree
agency
principles
client
charged
acts
omissions
attorney
abandoned
client
faulted
failing
act
behalf
lacks
reason
believe
attorneys
record
fact
representing
therefore
inquire
whether
maples
shown
attorneys
record
abandoned
thereby
supplying
extraordinary
circumstances
beyond
control
necessary
lift
state
procedural
bar
federal
petition
time
filed
initial
rule
petition
well
time
ran
appealing
trial
denial
petition
maples
three
attorneys
record
munanka
butler
unknown
maples
one
lawyers
fact
serving
attorney
days
permitted
appeal
trial
order
state
contends
sullivan
cromwell
represented
maples
throughout
state
postconviction
proceedings
accordingly
state
urges
maples
establish
abandonment
counsel
continuing
six
weeks
allowed
noticing
appeal
trial
denial
rule
petition
disagree
undisputed
munanka
severed
agency
relationship
maples
long
default
occurred
see
brief
respondent
conceding
two
attorneys
erred
failing
file
motions
withdraw
case
munanka
left
sullivan
cromwell
employ
summer
least
nine
months
alabama
trial
entered
order
denying
rule
relief
app
pet
cert
new
employment
munanka
law
clerk
federal
judge
employee
european
commission
belgium
disabled
continuing
represent
maples
see
code
conduct
judicial
employees
canon
prohibiting
judicial
employees
participating
litigation
federal
state
local
government
staff
regulations
officials
european
commission
tit
art
employees
perform
outside
work
without
first
obtaining
authorization
commission
available
http
visited
clerk
case
file
hornbook
agency
law
establishes
attorneys
departure
sullivan
cromwell
commencement
employment
prevented
representing
maples
ended
agency
relationship
see
restatement
second
agency
hereinafter
restatement
second
authority
agent
terminates
without
knowledge
principal
acquires
adverse
interests
otherwise
guilty
serious
breach
loyalty
principal
comment
agent
commits
breach
duty
loyalty
principal
acting
another
undertaking
substantial
tendency
cause
disregard
duty
serve
principal
principal
purposes
furthermore
two
attorneys
observe
alabama
rule
requiring
seek
trial
permission
withdraw
see
rule
crim
proc
comment
cf
restatement
second
comment
ordinarily
inferred
principal
intend
agent
illegal
failing
seek
permission
withdraw
munanka
allowed
records
convey
represented
maples
listed
attorneys
record
maples
addressees
orders
alabama
law
requires
clerk
furnish
see
rule
crim
proc
upon
entry
order
criminal
proceeding
made
response
motion
clerk
shall
without
undue
delay
furnish
parties
copy
thereof
mail
appropriate
means
defendant
represented
counsel
service
shall
made
upon
attorney
although
acknowledging
munanka
severed
agency
relationship
maples
upon
departure
sullivan
cromwell
state
argues
nonetheless
maples
abandoned
attorneys
firm
state
asserts
continued
serve
maples
counsel
regarding
assertion
note
first
record
cloudy
role
sullivan
cromwell
attorneys
played
affidavit
submitted
alabama
trial
support
maples
request
reissue
rule
order
see
supra
partner
marc
de
leeuw
stated
maples
case
since
summer
app
pet
cert
trial
initially
denied
state
motion
dismiss
december
de
leeuw
informed
sullivan
cromwell
lawyers
working
case
maples
prepared
anticipated
evidentiary
hearing
another
sullivan
cromwell
attorney
felice
duffy
stated
affidavit
submitted
alabama
trial
september
ha
worked
maples
case
since
october
app
neither
de
leeuw
duffy
described
involve
ment
wor
maples
case
entailed
neither
attorney
named
lawyers
munanka
still
sullivan
cromwell
december
engaged
preparation
expected
hearing
de
leeuw
identify
specific
work
lawyers
performed
maples
case
munanka
departures
firm
receipt
telephone
call
maples
slim
record
activity
sullivan
cromwell
however
warrant
remand
determine
precisely
work
done
firm
lawyers
munanka
facts
essential
decision
doubt
time
default
sullivan
cromwell
attorneys
later
came
forward
de
leeuw
felice
duffy
kathy
brewer
admitted
practice
law
alabama
entered
appearances
maples
behalf
done
nothing
inform
alabama
wished
substitute
munanka
thus
none
attorneys
legal
authority
act
maples
behalf
time
appeal
expired
cf
restatement
second
failure
acquire
qualification
agent
without
illegal
authorized
act
terminates
agent
authority
act
new
york
offices
therefore
beside
point
time
critical
preserving
maples
access
appeal
like
munanka
maples
authorized
agents
maples
attorney
record
local
counsel
butler
also
left
abandoned
indeed
butler
even
begin
represent
maples
butler
informed
munanka
serve
local
counsel
purpose
enabling
two
attorneys
appear
pro
hac
vice
supra
lacking
necessary
resources
available
time
experience
butler
told
two
sullivan
cromwell
lawyers
deal
substantive
issues
case
ibid
minimal
participation
undertook
inconsistent
alabama
law
see
rule
vii
supra
underscores
absurdity
holding
maples
barred
butler
signed
local
counsel
recognizing
butler
role
case
allow
munanka
appear
pro
hac
vice
need
rely
solely
butler
de
leeuw
statements
effect
app
pet
cert
factors
confirm
butler
operat
maples
agent
meaningful
sense
word
holland
alito
concurring
part
concurring
judgment
slip
first
butler
conduct
upon
receiving
copy
trial
rule
order
butler
contact
sullivan
cromwell
ensure
firm
lawyers
taking
appropriate
action
although
butler
reason
believe
munanka
received
copy
order
see
app
indicating
munanka
cc
order
butler
failure
even
place
phone
call
new
york
firm
substantiates
disclaimer
genuinely
representative
role
case
notably
state
treat
butler
maples
actual
representative
assistant
attorney
general
hayden
addressed
letter
informing
maples
default
directly
maples
prison
see
supra
hayden
sent
copy
otherwise
notify
attorneys
listed
counsel
record
maples
lawyers
alabama
ethical
obligation
refrain
communicating
directly
opposing
party
known
represented
counsel
see
rule
professional
conduct
rule
crim
proc
requiring
service
documents
made
upon
attorney
record
writing
directly
maples
notwithstanding
ethical
obligation
assistant
attorney
general
hayden
must
believed
maples
longer
represented
counsel
sum
record
admits
one
reading
time
missed
deadline
butler
serving
maples
agent
meaningful
sense
word
holland
opinion
alito
slip
maples
left
without
functioning
attorney
record
listing
munanka
butler
representatives
meant
right
personally
receive
notice
see
supra
fact
received
none
warning
better
fend
counsel
record
state
attorney
informed
maples
plight
time
appeal
ran
filed
notice
appeal
enlisted
aid
new
volunteer
given
reason
suspect
lacked
counsel
able
willing
represent
maples
surely
blocked
complying
state
procedural
rule
cause
prejudice
requirement
said
shows
due
regard
finality
comity
interests
ensuring
fairness
remains
central
concern
writ
habeas
corpus
dretke
haley
quoting
strickland
washington
unusual
circumstances
case
principles
agency
law
fundamental
fairness
point
conclusion
indeed
cause
excuse
maples
procedural
default
fault
maples
lacked
assistance
authorized
attorney
days
alabama
allows
noticing
appeal
trial
denial
postconviction
relief
observed
reason
suspect
reality
reduced
pro
se
status
maples
disarmed
extraordinary
circumstances
quite
beyond
control
shown
ample
cause
hold
excuse
procedural
default
trapped
counsel
record
abandoned
without
word
warning
iii
found
cause
excuse
failure
file
timely
notice
appeal
state
district
eleventh
circuit
reach
question
prejudice
see
supra
issue
therefore
remains
open
decision
remand
reasons
stated
judgment
appeals
eleventh
circuit
reversed
case
remanded
proceedings
consistent
opinion
ordered
alito
concurring
cory
maples
petitioner
kim
thomas
commissioner
alabama
department
corrections
writ
certiorari
appeals
eleventh
circuit
january
justice
alito
concurring
join
opinion
unbeknownst
petitioner
effectively
deprived
legal
representation
due
combined
effect
fewer
eight
unfortunate
events
departure
law
firm
two
young
lawyers
appeared
counsel
record
state
postconviction
proceeding
acceptance
two
attorneys
new
employment
precluded
continuing
represent
failure
notify
petitioner
new
situation
failure
withdraw
counsel
record
apparent
failure
firm
left
monitor
status
petitioner
case
attorneys
departed
notice
decision
denying
petitioner
request
state
postconviction
relief
received
firm
offices
failure
firm
mail
room
route
important
communication
either
another
member
firm
departed
attorneys
new
addresses
failure
clerk
office
take
action
envelope
containing
notice
came
back
unopened
local
counsel
limited
conception
role
obligated
play
petitioner
representation
unique
circumstances
agree
petitioner
attorneys
effectively
abandoned
abandonment
cause
sufficient
overcome
procedural
default
effort
obtain
relief
client
petitioner
counsel
case
us
cast
blame
occurred
alabama
system
providing
legal
representation
capital
defendants
trial
state
collateral
proceedings
see
brief
petitioner
whatever
may
said
alabama
system
think
alabama
system
much
anything
petitioner
misfortune
quality
petitioner
representation
trial
obviously
played
role
failure
meet
deadline
filing
notice
appeal
denial
state
postconviction
petition
see
important
connection
happened
case
alabama
system
providing
representation
prisoners
sentenced
death
wish
petition
state
courts
collateral
relief
unlike
alabama
relies
attorneys
volunteer
represent
prisoners
pro
bono
told
volunteers
work
large
firms
petitioner
brief
alabama
system
direct
bearing
events
giving
rise
procedural
default
issue
similar
combination
untoward
events
occurred
petitioner
represented
alabama
attorneys
appointed
paid
state
funds
firm
whose
lawyers
represented
petitioner
pro
bono
one
country
prestigious
expensive
little
doubt
vast
majority
criminal
defendants
think
lottery
given
opportunity
represented
attorneys
firm
see
stating
seemed
though
maples
lottery
two
attorneys
working
elite
new
york
law
firm
agreed
represent
maples
pro
bono
occurred
predictable
consequence
alabama
system
veritable
perfect
storm
misfortune
unlikely
combination
events
without
notice
effectively
deprived
petitioner
legal
unique
circumstances
agree
petitioner
procedural
default
overcome
scalia
dissenting
cory
maples
petitioner
kim
thomas
commissioner
alabama
department
corrections
writ
certiorari
appeals
eleventh
circuit
january
justice
scalia
justice
thomas
joins
dissenting
alabama
criminal
appeals
held
cory
maples
appeal
denial
state
postconviction
petition
barred
filed
notice
appeal
within
allotted
time
concludes
maples
established
cause
procedural
default
reason
abandonment
attorneys
agree
conclusion
maples
alternative
argument
fares
better
affirm
judgment
doctrine
procedural
default
reflects
furthers
principle
errors
state
criminal
trials
remedied
state
long
recognized
federal
habeas
review
state
prisoners
imposes
significant
costs
undermining
practical
interest
finality
criminal
judgments
see
engle
isaac
also
primacy
courts
adjudicating
constitutional
rights
defendants
prosecuted
state
law
recognized
hese
costs
particularly
high
state
prisoner
procedural
default
prevents
adjudication
constitutional
claims
state
coleman
thompson
situation
prisoner
deprived
state
courts
opportunity
address
claims
first
instance
thereby
leaving
state
courts
without
chance
mend
fences
avoid
federal
intrusion
engle
reason
permitting
review
defaulted
claims
undercu
state
ability
enforce
procedural
rules
held
state
relied
adequate
independent
state
procedural
ground
denying
prisoner
claims
prisoner
ordinarily
may
obtain
federal
habeas
relief
coleman
sure
prohibition
review
defaulted
claims
absolute
habeas
petitioner
state
bar
federal
habeas
review
petitioner
demonstrates
cause
actual
prejudice
cause
constituting
something
external
petitioner
something
fairly
attributed
impeded
compliance
state
procedural
rule
general
matter
attorney
mistakes
omissions
meet
standard
attorney
petitioner
agent
acting
failing
act
furtherance
litigation
petitioner
must
risk
attorney
error
ibid
quoting
murray
carrier
see
also
link
wabash
attorney
error
occurs
stage
proceedings
defendant
constitutional
right
effective
assistance
counsel
error
may
constitute
cause
excuse
resulting
procedural
default
state
failure
duty
provide
effective
attorney
measured
standard
set
forth
strickland
washington
makes
attorney
error
chargeable
state
hence
external
defense
see
murray
supra
client
right
counsel
case
postconviction
setting
see
pennsylvania
finley
client
bears
risk
attorney
errors
made
course
representation
regardless
egregiousness
mistake
coleman
supra
gravity
attorney
error
matters
constitutes
violation
petitioner
right
counsel
error
must
seen
external
factor
light
principles
set
correct
conclude
ante
habeas
petitioner
procedural
default
may
excused
attributable
abandonment
attorney
case
coleman
rationale
attributing
attorney
acts
omissions
client
breaks
attorney
ceased
acting
client
agent
principles
agency
law
longer
support
charging
client
lawyer
mistakes
attorney
mistakes
may
therefore
understood
external
factor
appropriate
circumstances
may
excusing
prisoner
procedural
default
likewise
agree
conclusion
ante
maples
two
attorneys
record
jaasi
munanka
clara
abandoned
maples
time
alabama
trial
entered
order
denying
petition
postconviction
relief
observes
ante
without
informing
maples
seeking
leave
alabama
trial
withdraw
maples
case
munanka
left
sullivan
cromwell
employ
accepted
new
positions
precluded
continuing
represent
maples
conduct
amounted
renunciation
roles
maples
agents
see
restatement
second
agency
comment
hereinafter
restatement
thus
terminated
authority
act
maples
behalf
result
munanka
failure
take
action
response
trial
order
imputed
maples
unjustified
leap
however
conclude
maples
left
unrepresented
relevant
window
alabama
trial
dismissal
postconviction
petition
expiration
period
filing
notice
appeal
established
alabama
rule
appellate
procedure
start
maples
allegations
amended
federal
habeas
petition
maples
alleged
time
sought
postconviction
relief
alabama
trial
represented
sullivan
cromwell
new
york
new
york
app
although
petition
went
identify
munanka
two
sullivan
lawyers
handling
matter
statement
maples
represented
firm
strongly
suggests
maples
viewed
retained
services
firm
whole
perfectly
natural
understanding
client
retains
lawyer
practices
firm
presumption
lawyer
firm
retained
restatement
third
law
governing
lawyers
comment
admittedly
connection
attempt
alabama
trial
extend
time
appeal
sullivan
cromwell
partner
marc
de
leeuw
submitted
affidavit
stating
firm
lawyers
handle
pro
bono
cases
individual
basis
lawyers
appeared
maples
case
followed
practice
attempt
ing
use
firm
name
correspondence
papers
app
pet
cert
maples
habeas
petition
pleading
initiated
current
litigation
surely
allegations
contained
given
priority
representations
made
prior
courts
case
even
maples
relationship
sullivan
cromwell
firm
munanka
surely
sullivan
cromwell
lawyers
represented
maples
individual
basis
de
leeuw
affidavit
acknowledged
involved
maples
case
since
summer
roughly
year
munanka
left
sullivan
cromwell
stated
munanka
learned
initial
order
denying
state
motion
dismiss
maples
postconviction
petition
december
lawyers
working
case
maples
prepared
evidentiary
hearing
maples
requested
moreover
sullivan
cromwell
attorney
felice
duffy
filed
motion
appear
pro
hac
vice
alabama
trial
connection
attempt
extend
deadline
stated
worked
maples
case
since
october
app
months
procedural
default
took
place
according
see
ante
de
leeuw
affidavit
make
clear
involved
maples
case
whether
lawyers
munanka
among
prepared
anticipated
evidentiary
hearing
duffy
motion
make
clear
wor
entailed
little
doubt
munanka
attorneys
engaged
preparations
de
leeuw
involved
duffy
worked
lawyers
maples
role
taken
de
leeuw
distinction
munanka
lawyers
working
case
maples
senseless
latter
category
extend
beyond
two
named
attorneys
sum
every
indication
trial
entered
order
dismissing
maples
postconviction
petition
may
maples
continued
represented
team
attorneys
sullivan
cromwell
new
york
office
nonetheless
insists
actions
attorneys
irrelevant
admitted
practice
law
alabama
entered
appearances
alabama
trial
sought
substitute
munanka
see
ante
however
explain
facts
establish
attorneys
maples
agents
purpose
attending
aspects
case
require
appearance
certainly
include
keeping
track
orders
issued
filing
deadlines
quotation
restatement
agency
ante
failure
acquire
qualification
agent
without
illegal
authorized
act
terminates
agent
authority
act
restatement
omits
crucial
condition
contained
end
section
thereafter
agent
infer
principal
knew
facts
consent
exercise
authority
basis
whatever
attorneys
infer
maples
longer
wanted
represent
simply
yet
qualified
alabama
though
illegal
attorneys
file
notice
appeal
without
authorized
practice
alabama
nothing
prevented
first
seeking
secure
admission
practice
munanka
initially
done
filing
notice
appeal
create
huge
gap
coleman
jurisprudence
disregard
attorney
errors
committed
admission
relevant
even
greater
gap
disregard
suggests
errors
committed
attorney
enters
appearance
moreover
even
attorneys
regarded
maples
agents
purposes
conducting
alabama
litigation
least
agents
purposes
advising
impending
deadline
unawareness
fault
counsel
agents
must
charged
happened
simply
ttorney
ignorance
inadvertence
sort
furnish
cause
excuse
procedural
default
coleman
even
leaving
aside
question
maples
unadmitted
attorneys
sullivan
cromwell
maples
fully
admitted
attorney
entered
appearance
person
local
counsel
john
butler
support
conclusion
butler
even
begin
represent
maples
ante
true
affidavit
butler
filed
alabama
trial
proceeding
seeking
extension
deadline
stated
substantive
involvement
case
agreed
serve
local
counsel
app
pet
cert
disclaimer
substantive
involvement
case
whether
violates
lawyer
ethical
obligations
see
ante
equivalent
denial
agency
role
local
attorney
nonsubstantive
involvement
surely
include
minimum
keeping
track
local
orders
advising
substantive
counsel
impending
deadlines
butler
explanation
failure
act
received
copy
trial
order
sound
abandonment
butler
say
instance
ignored
order
consider
maples
client
instead
based
past
practice
content
order
butler
assumed
maples
lawyers
sullivan
cromwell
receive
copy
app
pet
cert
gets
badly
wrong
butler
failure
even
place
phone
call
new
york
firm
demonstrates
butler
disclaimer
genuinely
representative
role
ante
equating
attorney
error
contributed
maples
procedural
default
absence
agency
relationship
ensures
today
opinion
serve
template
future
habeas
petitioners
seeking
evade
coleman
holding
ineffectiveness
postconviction
counsel
furnish
cause
excuse
procedural
default
see
trick
allege
counsel
ineffective
rather
counsel
ineffectiveness
demonstrates
genuinely
representative
agent
precedent
easily
circumvented
word
games
damage
particularly
acute
affected
precedent
firmly
grounded
concerns
comity
federalism
attempt
justify
conclusion
butler
maples
agent
point
prosecutor
sent
letter
maples
directly
informing
defaulted
appeal
see
ante
reasons
prosecutor
must
thought
maples
abandoned
lawyers
since
communicate
represented
party
violation
ethical
standards
ibid
even
supposition
correct
hard
understand
proves
matters
whether
prosecutor
thought
maples
abandoned
whether
maples
really
abandoned
turns
butler
conduct
learning
default
belies
contention
almost
immediately
butler
began
cooperate
maples
lawyers
sullivan
cromwell
filing
papers
counsel
maples
local
counsel
petitioner
cory
maples
multiple
courts
attempt
rectify
mistake
see
app
butler
reassumed
representational
duties
abandoned
hardly
proper
basis
conclusion
abandonment
interruptus
ii
maples
argues
alternative
default
excused
right
due
process
violated
clerk
failed
take
action
munanka
copies
dismissal
order
returned
undeliverable
according
maples
decision
jones
flowers
establishes
clerk
duty
held
jones
mailed
notice
tax
sale
returned
unclaimed
state
must
take
additional
reasonable
steps
attempt
provide
notice
property
owner
selling
property
see
questionable
whether
holding
relevance
circumstances
involved
institution
proceedings
unwitting
litigant
rather
issuance
order
pending
case
instituted
maples
indeed
think
doubtful
whether
due
process
entitles
litigant
notice
order
pending
case
federal
rules
certainly
reject
notion
notice
absolute
requirement
federal
rule
civil
procedure
provides
ack
notice
entry
order
judgment
affect
time
appeal
relieve
authorize
relieve
party
failing
appeal
within
time
allowed
except
allowed
federal
rule
appellate
procedure
although
federal
rule
appellate
rule
turn
provides
time
filing
appeal
reopened
litigant
receive
notice
establishes
days
judgment
order
entered
outer
limit
motion
reopen
must
filed
see
fed
rule
app
proc
need
grapple
question
however
butler
received
copy
trial
order
system
representative
litigation
party
considered
notice
facts
notice
charged
upon
attorney
irwin
department
veterans
affairs
quoting
link
wabash
notice
butler
therefore
constitutionally
sufficient
one
suspects
today
decision
motivated
large
part
understandable
sense
frustration
state
refusal
waive
maples
procedural
default
interest
fairness
indeed
frustration
may
well
explain
lengthy
indictment
alabama
general
procedures
providing
representation
capital
defendants
ante
portion
opinion
disconnected
rest
analysis
otherwise
inexplicable
interest
fairness
justifies
excusing
maples
procedural
default
whenever
defendant
procedural
default
caused
attorney
simply
law
orderly
system
criminal
litigation
conducted
counsel
precedents
allow
state
stand
rights
enforce
habeas
petitioner
procedural
default
even
counsel
blame
faithful
application
precedents
leads
conclusion
maples
demonstrated
cause
excuse
procedural
default
reasoning
justifies
opposite
conclusion
invites
future
evisceration
principle
defendants
responsible
mistakes
attorneys
respectfully
dissent
footnotes
one
study
federal
capital
trials
found
attorneys
spent
average
hours
preparing
defendant
case
subcommittee
federal
death
penalty
cases
committee
defender
services
judicial
conference
federal
death
penalty
cases
recommendations
concerning
cost
quality
defense
representation
may
state
removed
cap
fees
work
capital
cases
code
cum
perhaps
coincidentally
inmates
alabama
death
row
including
maples
convicted
cap
effect
aba
report
alabama
revised
rule
vii
see
rule
governing
admission
state
bar
vii
new
rule
state
allows
counsel
represent
pro
bono
indigent
criminal
defendants
postconviction
proceedings
without
involvement
local
counsel
ibid
originally
filed
august
petition
resubmitted
minor
alterations
december
see
app
one
maples
attorneys
observed
without
contradiction
trial
order
word
word
copy
proposed
order
state
submitted
december
motion
dismiss
opposing
maples
request
appeal
state
argued
alabama
appeal
unwarranted
context
state
noted
maples
may
still
present
postconviction
claims
federal
habeas
record
doc
state
current
position
tension
observation
holland
florida
involved
tolling
federal
time
bar
coleman
thompson
concerned
cause
excusing
procedural
default
state
see
holland
slip
see
reason
however
distinction
attorney
negligence
attorney
abandonment
hold
contexts
unclear
state
record
perhaps
surprising
given
sullivan
cromwell
representation
maples
default
amici
maples
explain
significant
conflict
interest
arose
firm
crucial
deadline
passed
brief
legal
ethics
professors
et
al
amici
curiae
following
default
firm
interest
avoiding
damage
reputation
odds
maples
strongest
argument
attorneys
abandoned
therefore
cause
relieved
default
yet
sullivan
cromwell
cede
maples
representation
new
attorney
made
maples
abandonment
argument
plain
appeals
instead
firm
represented
maples
briefing
oral
argument
eleventh
circuit
attempted
cast
responsibility
mishap
clerk
alabama
trial
given
sullivan
cromwell
conflict
interest
maples
federal
habeas
petition
prepared
submitted
firm
persuasive
evidence
maples
prior
default
ever
viewed
represented
firm
see
post
rather
attorneys
record
munanka
dissent
argues
sullivan
cromwell
attorneys
basis
infer
maples
longer
wanted
represent
simply
yet
qualified
alabama
post
may
true
irrelevant
attorneys
inferred
maples
wanted
file
notice
appeal
behalf
prior
admission
practice
alabama
illegal
post
internal
quotation
marks
omitted
see
also
restatement
second
comment
quoted
supra
critical
purpose
filing
notice
appeal
sullivan
cromwell
attorneys
authority
act
maples
bears
note
well
state
served
response
maples
rule
petition
munanka
sullivan
cromwell
new
york
address
butler
app
state
may
obligated
serve
one
attorney
record
selection
new
york
rather
local
counsel
indication
start
state
cognizant
limited
role
butler
serve
conforming
state
rule
common
practice
alabama
amended
provision
appearances
counsel
eliminate
requirement
attorneys
associate
local
counsel
representing
indigent
criminal
defendants
pro
bono
postconviction
proceedings
see
supra
notice
simple
document
need
specify
party
taking
appeal
order
judgment
appealed
name
appeal
taken
rule
app
proc
alabama
grants
appeals
prisoners
proceeding
pro
se
timely
served
copies
orders
see
maples
allen
per
curiam
citing
ex
parte
miles
ex
parte
robinson
crim
app
per
curiam
though
maples
pro
se
petitioner
record
fact
without
authorized
counsel
footnotes
says
allegations
maples
habeas
petition
persuasive
evidence
ante
maples
lawyers
sullivan
cromwell
labored
conflict
interest
prepared
document
curious
point
since
effect
maples
statement
implicate
sullivan
cromwell
firm
missing
filing
deadline
conflict
induced
sullivan
cromwell
lawyers
exonerate
firm
sure
case
later
developed
stage
abandonment
yet
conceived
litigating
strategy
maples
interest
say
lawyers
issue
petition
statement
raises
whether
maples
cleverly
represented
whether
statement
true
sullivan
cromwell
involvement
preparing
petition
bearing
upon
reinforces
truth