7th Circuit: Judge should have appointed lawyer for mentally ill woman who missed appeal deadline
A federal appeals court on Wednesday revived the untimely appeal of an imprisoned Indiana woman convicted of murdering her boyfriend in 2001.
Anastazia Schmid was found guilty but mentally ill, which removed capital punishment as a possibility in her sentencing. Because Schmid was determined to be mentally ill, a federal judge should have exercised the district court’s statutory power to appoint counsel for her rather than simply dismissing her habeas petition as untimely, said the Chicago-based 7th U.S. Circuit Court of Appeals in its written opinion.
Schmid, who represented herself pro se in the appeal, said she had filed belatedly in part because her state-court appellate lawyer had delayed in providing her with needed papers and in part because of her mental illness. However, she couldn’t explain to the district court’s satisfaction what documents she needed from her former lawyer and why.
“Counsel could have investigated Schmid’s mental condition and explored the contents of prior counsel’s files, formulating an explanation for delay satisfactory to the district judge,” wrote Judge Frank Easterbrook for the 7th Circuit panel. “We remand this case with directions to appoint counsel and, if appropriate, hold an evidentiary hearing,”
Hat tip: Indiana Lawyer
