An Atlanta-based federal appeals court panel again has rejected an inmate’s claim that he should be forgiven for his lawyer’s missing a deadline, despite being reversed by the U.S. Supreme Court twice in recent years after holding prisoners accountable for their lawyers’ failings.
In the case decided on Friday, the U.S. Court of Appeals for the Eleventh Circuit found that a Florida inmate’s lawyer filed his federal habeas corpus petition nearly a full year late. The lawyer thought it had been filed with two days to spare, even though the previous year his client anxiously had told him that jailhouse lawyers were advising the petition was due soon. The jailhouse lawyers were right, and the real lawyer was wrong.
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