Arbelaez v. Butterworth
Ensure equitable access to counsel for death row inmates in Florida.
Principal Attorney
Steve Hanlon
Co-Counsel
James K. Green
Description
On behalf of two public law firms who represent Florida death row inmates in their post- conviction challenges to their death sentences, we asserted that Florida death row inmates have a Florida constitutional right to effective post-conviction counsel. The nationally recognized Spangenberg Group was retained to study the problems in post-conviction representation for death-sentenced individuals in Florida and concluded that, on average, in both the public bar and the private bar, the number of hours required for this work was approximately 3,000 hours. We argued before the Florida State Supreme Court that counsel must be adequately funded, and that the funding then provided by the Florida Legislature was grossly inadequate. We asked the court to impose a moratorium on the imposition of the death penalty in Florida until such time as these public law firms were adequately funded pursuant to a reliable caseload methodology.
Status
The Florida Supreme Court found that the funding for these public law firms had significantly changed and increased through two legislative sessions so that the case was moot. In a concurring opinion, two members of the Court agreed with our contention that the Court should recognize a state constitutional right to post-conviction counsel. This concurring opinion is the most thorough articulation of a right to post-conviction counsel in the reported cases to date.
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Compensation of Capital Counsel: Olive v. Maas I
Challenge to the limitation on funding for post-conviction representation of death row inmates.
Description
Case challenges Florida's restrictions on post-conviction representation of death row inmates. The Florida Supreme Court held that trial courts are authorized to grant fees in excess of statutory caps. Olive v. Maas, 811 So.2d 644 (Fla. 2002).
Status
In Olive v. Maas, 811 So.2d 644 (Fla. 2002), the Florida Supreme Court decision held that trial courts have inherent power to exceed legislative caps on fee awards.
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Compensation of Capital Counsel: Olive v. Maas II
Constitutional challenge to legislative reaction to our victory in Olive v. Maas I.
Principal Attorneys
Steve Hanlon, Stephen Brannock, Leon Fresco, LaKeytria Felder
Description
Florida Legislature enacted a statute six weeks after the Florida Supreme Court's decision in Olive v. Maas I, attempting to overrule that decision. Constitutional challenge to that statute upheld in the trial court.
Status
Case argued in the Florida Supreme Court on September 20, 2007.
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Funding for Court Appointed Lawyers in Massachusetts
Arianna S. v. Commonwealth: Class action on behalf of individuals entitled to appointed counsel.
Principal Attorneys
Joshua Krumholz, Edward Naughton, Larry Kulig, Warren Tolman, Steve Hanlon
Description
The system of indigent defense in Massachusetts was so broken that it could not assure access to meaningful and effective representation. Counsel were among the lowest paid in the nation; in addition, there were numerous other systemic problems.
Status
After the Massachusetts Supreme Judicial Court ordered a stay in the class action, we filed directly in that court on behalf of all indigents entitled to counsel in both criminal and civil matters, giving the Legislature time to cure the constitutional violations. The Legislature substantially increased pay rates for appointed counsel.
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Public Defense: Amicus in Miss. v. Quitman County
Challenge to state's failure to provide effective representation of counsel for indigents.
Principal Attorneys
Steve Hanlon, Leo Rydzewski
Status
Mississippi Supreme Court held that the county had standing to sue, and the complaint stated cause of action.
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Uncounseled Pleas: Habeas Petitions in Georgia
Cases on behalf of people who plead guilty or went to trial without assistance of counsel.
Principal Attorneys
Susan Edlein, Robert Highsmith, Tiffani Moody, Susan Housen, Howard Hirsch
Status
Several prisoners freed.
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