That's the title of Rick Casey's must-read column in the Houston Chronicle commenting on a recent decision by the Court of Criminal Appeals. LINK
The Court of Criminal Appeals, Texas' highest court on criminal matters, issued a stunning order just before Christmas.
It told a Harris County judge to investigate whether an attorney who filed an appeal for a man on death row had done an adequate job.
In particular, it told District Judge Jim Wallace to investigate whether it was true that the lawyer, whom the judge had appointed to the case:
•Never visited his death row client or provided him with copies of his pleadings so that the client could help with the appeal.
•Refused to take calls from the man's family.
•Told another attorney that he had filed a "skeletal writ" in the case "because he was ordered to do so by the court," and did not consider himself to represent the client.
•Filed an appeal so cursory as to "constitute an abdication of responsibility as applicant's attorney."
And:
After a series by the Austin American-Statesman detailed a number of cases in which spectacularly worthless appeals were filed, the Court of Criminal Appeals decided it would remove attorneys who filed such appeals.
But their clients were, as far as the court was concerned, out of luck. They should have made the judge appoint better lawyers.
So this is the first time the court has intervened to investigate whether an appeal was inadequately prepared.
It happened only because the death row inmate, convicted murderer Juan Reynoso, filed a motion with the court alleging that Houston lawyer Steven "Rocket" Rosen acted as described above.
Coverage of the CCA ruling in Ex Parte Reynoso is here. Chuck Lindell's Statesman series is here.
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