Brief filed: 03/05/2015
Documents
Jones v. Davis
9th Circuit Court of Appeals; Case No. 14-56373
Prior Decision
Decision below Jones v. Chappell, 31 F. Supp.3d 1050 (C.D. Cal. July 16, 2014) (No. CV 09-02158-CJC).
Argument(s)
The District Court’s ruling that the California death penalty system cannot withstand scrutiny under the Constitution is correct. Delays in California’s review of death penalty judgments are attributable in significant part to the state’s failure to timely provide and protect the function of court-appointed counsel. The District Court’s analysis of the inadequacies of California’s implementation of the right to counsel throughout the state’s death penalty litigation process is well supported. Several characteristics of California’s death penalty litigation system contribute to the systemic delays. Systemic delays can cause prejudice.
Author(s)
John T. Philipsborn, Law Offices of John T. Philipsborn, San Francisco, CA; Christopher W. Adams, Christopher W. Adams Law Offices, Charleston, SC.
