Sullivan & Cromwell’s Life-or-Death Mistake?
Leading law firm blows deadline in death penalty case.
More than a decade ago, Cory Maples of Alabama murdered two people. After an evening of heavy drinking, playing pool, and riding around in a friend’s car, Maples killed two friends, shooting them execution-style.
According to court documents, he signed a confession, “stating that he: (1) shot both victims around midnight; (2) had drunk six or seven beers by about 8 p.m., but ‘didn’t feel very drunk’; and (3) did not know why he decided to kill the two men. Faced with this confession, Maples’s trial attorneys argued that Maples was guilty of murder, but not capital murder.”
A jury found Maples guilty and sentenced him to death.
Maples appealed his capital murder conviction with the help of attorneys at Sullivan & Cromwell:
Maples subsequently filed a petition for post-conviction relief pursuant to Alabama Rule of Criminal Procedure 32, claiming, inter alia, that trial counsel was ineffective for failing to investigate or present evidence of: (1) Maples’s mental health history; (2) his intoxication at the time of the crime; and (3) his alcohol and drug history.
The trial court dismissed Maples’ Rule 32 petition, and sent notice of the decision to the attorneys at Sullivan & Cromwell and to local Alabama counsel. There was a 42-day period for filing a notice of appeal, but all the lawyers involved dropped the ball on the case, PepsiCo-style.
So what’s the explanation for S&C’s missing the deadline for filing an appeal?
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