this week urging the U.S. Supreme Court to
accept the case of Paul A. Howell v. Secretary,
Florida Department of Corrections and reverse a
lower court’s ruling that barred federal court
review of the constitutionality of Howell’s state
conviction and sentence. Howell is currently
scheduled to be executed on Feb. 26.
The ABA asserts that the U.S. Court of
Appeals for the 11th Circuit erred when it denied
Howell’s motion to allow reconsideration of the
procedural bar, which prevented the review of
Howell’s constitutional claims. The procedural
bar was the result of his state-appointed, postconviction
attorney’s egregious error in failing to
meet a federal court filing deadline.
The ABA urges the Supreme Court to remand
with instructions that the unique circumstances of
Howell’s case be considered, including the failures
of his appointed counsel, the documented
deficiencies in Florida’s capital counsel appointment
system during the relevant time period and
the finality of the death penalty.
“The ABA has concluded that a capital defendant
should not be denied a meaningful opportunity
for review of the constitutionality of his or
her conviction because of a procedural default
caused by egregious counsel error or a court’s
misapprehension of the law,” the brief reads.
“Where human life is at stake the federal courts’
ability to reach and determine the merits of federal
constitutional claims should be at the maximum.”
The ABA takes no position on the death penalty
itself. However, since 1989, the ABA has
maintained policy that sets out principles meant to
ensure that those sentenced to death have a full,
fair and counseled opportunity to present the merits
of their constitutional challenges to a federal
court. Over the past two decades, the ABA has
conducted studies and assessments documenting
deficiencies in Florida’s capital counsel systems.
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