I've been waiting all day for a subsequent writ in a capital case set to go next week. This is 4 1/2 months after the execution date was set.
How about adding to 11.071, sec 5 a new subsection 5(g):
In no event shall any court consider any subsequent application for habeas relief filed within 14 days of the date of execution.
In light of the frequent eleventh-hour filings, some restriction seems entirely appropriate. But don't you think that to get such a thing passed exceptions such as newly discovered evidence and competence to be executed would be allowed? If so, would the change be significant?
The real problem is there is no consequence for the lawyer that deliberately uses the process to delay. How about sanctions for that?
Appropriate sanctions should control most lawyers, but how about ghost writers for pro se defendants? Then again, it is great having sanctions but will they be really effective. Fines will merely be charged against the counties as the expense of litigating death cases. Is it too severe to bar reckless attorneys from handling capital work?
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