On November 16, the United States Supreme Court accepted for review and handed down a per curiam decision in Wong v. Belmontes (No. 08-1263). The Court reinstated Fernando Belmontes' death sentence and overturned the decision of the Ninth Circuit granting relief because of ineffectiveness of counsel. Belmontes was sentenced to death for murdering a woman during a robbery in 1981 in California. The appeals court ruled in 2008 that Belmontes' lawyer had represented him incompetently by neglecting to introduce evidence of family strife and depression that would have likely led to a different sentence. The Supreme Court assumed that the attorney should have presented more evidence but concluded it would not have made any difference in sentencing. Justice Stevens issued a concurring opinion stating that he believed the Supreme Court had erred in a previous consideration of this same case.
On the same day, the Court agreed to hear Magwood v. Culliver (No. 09-158). Billy Joe Magwood received a death sentence for killing a sheriff in 1979 in Alabama. At the time, Alabama law required two conditions before the state could sentence a defendant to death, only one of which was satisfied by Magwood's crime. Magwood's death sentence was overturned on other grounds in 1985, and he was resentenced to death the next year. However, it was not until 1997 that Magwood's lawyers challenged whether his crime was death-eligible under Alabama law. Alabama claims Magwood took too long to raise this argument and his appeal is barred by the Anti-terrorism and Effective Death Penalty Act, which imposes strict limits on successive federal habeas corpus petitions. The Eleventh Circuit agreed. Magwood claims that he is bringing his claim under his new death sentence and therefore is not barred by AEDPA.
The Last Lawyer: The Fight to Save Death Row Inmates is a book by John Temple about the courageous work of a death penalty defense attorney in the south. Ken Rose is an attorney at the Center for Death Penalty Litigation in North Carolina. He has handled many capital cases, but the focus of this book is his defense of Bo Jones, a mentally handicapped farmhand convicted of a murder that occurred in 1987 and sentenced to death. The case highlights issues such as inadequate defense, mental retardation, mental illness and witness testimony. Based on over four years of behind-the-scenes reporting, The Last Lawyer tells the story of how Rose's work eventually led to the dismissal of all charges against Jones in 2008.
On November 10, the Georgia Supreme Court will hear arguments from attorneys for a capital defendant, Jamie Weis, and from the state concerning a three-and-a-half year delay in bringing his case to trial. For two years of that delay, the Weis defense team had no funding, and for 14 months he was completely without representation. During this entire time, the state was staffed and funded to prepare its prosecution of Weis. The Court will decide whether Weis's constitutional right to a speedy trial was violated and whether that requires a dismissal of charges, or at least prevents the state from seeking the death penalty. Weis was arrested and charged with murder in 2006. He was assigned two attorneys, but because of a crisis in the state's indigent defense system, they were forced to resign and were not reassigned with pay until close to the trial date. Weis suffers from psychosis, depression and anxiety, and has been detained in a county jail. He has attempted suicide three times while awaiting trial.
On October 13, the U.S. Supreme Court agreed to hear Holland v. Florida, a case raising the question of "whether 'gross negligence' by a state-appointed defense attorney in a death penalty case provides a basis for extending the time to file a federal habeas challenge, in a case where the habeas plea was filed late despite repeated instructions from the client." (scotusblog.com). In his petition for certiorari to the Court, the defendant stated, "Despite the State of Florida's promise to Petitioner that he have counsel to competently and effectively represent him in both his state and federal postconviction litigation, a promise that would be purportedly enforced by judicial monitoring, Petitioner's state collateral attorney, Mr. Collins, failed to timely file a (habeas corpus) §2254 petition on behalf of Petitioner." The defendant then filed his own petition for habeas corpus and, while admitting it was filed late, asked that the deadline be extended because of the serious error by his appointed attorney.
On September 22, the House Subcommittee on Terrorism, Crime and Homeland Security of the Judiciary Committee held hearings on the re-authorization of the 