Alabama bill intended to shorten capital appeals is sent to governor; ABA had opposed it
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The Alabama Legislature has passed and sent to the governor a bill intended to shorten death penalty appeals in the state.
The Legislature gave final approval to the bill last week despite opposition by the ABA, report AL.com and WHNT-TV. The bill requires requires defendants to seek post-conviction relief at the same time they are pursuing a direct appeal.
The bill requires post-conviction appeals to be filed within a year of the filing of the direct appeal, according to WHNT.
A spokesperson for Gov. Kay Ivey told AL.com last week that she needed time to review the bill.
ABA President Linda A. Klein said in her letter that the bill would limit lawyers’ ability to conduct the post-conviction investigation. ABA guidelines require post-conviction counsel to investigate the work of prior lawyers in capital cases, including the work of lawyers on direct appeal. She also said appellate lawyers need time to review thousands of pages of trial records, witness statements, police and medical documents, and other evidence to adequately prepare.
“The Fair Justice Act is unlikely to achieve its stated goal of streamlining justice,” Klein wrote. “Rather, this legislation suffers from serious problems that will diminish the ability of counsel to provide effective representation and the capacity of courts to deliberate in order to make fair and responsible determinations, increasing the risk of executing an innocent person.”
“While the ABA respects the importance of finality and judicial efficiency,” the letter says, “quicker resolution of cases where a life is at stake should not take priority over ensuring fundamental fairness and accuracy of those convictions.”
Alabama Attorney General Steve Marshall applauded passage of the bill in a press release.
“We look forward to its enactment so that death row appeals now may proceed in a fair and efficient manner that does not prolong the suffering of victims but that provides justice to all parties,” Marshall said.
