15 years of inaction on inmate’s habeas petition is ‘shockingly dysfunctional malfeasance,’ judge says

15 years of inaction on inmate’s habeas petition is ‘shockingly dysfunctional malfeasance,’ judge says

Trials & Litigation

inmate


A South Dakota judge said Tuesday that 15 years of inaction on an inmate’s habeas petition was breaking his heart.
Judge Doug Hoffman of the Second Judicial Circuit spoke at a court hearing that discussed how David Allen Lee’s habeas corpus appeal fell through the cracks, the Sioux Falls Argus Leader reports.
“This is a massive, shockingly dysfunctional malfeasance in the justice system in South Dakota,” Hoffman said. “We have to clean up this disastrous mess.”
Lee was convicted of second-degree murder in 1998 for the killing of his cellmate. A circuit judge denied his first habeas appeal in 2004, but Lee’s first private lawyer didn’t discuss an appeal with him, Hoffman said in court. Lee asked to file a second petition.
Lee was represented by a public advocate on the second petition, but the lawyer sought to withdraw in 2008 because of a conflict. Lee says he wasn’t told about the withdrawal, and he was surprised when he called the public advocate about two years later and was told a different lawyer has been appointed to represent him.
Lee told a circuit judge in 2016 that he hadn’t heard from the new lawyer for five years. In court, Lee said the lawyer is “a nice guy,” but he would like someone new to represent him.
Hoffman said he wants the case resolved within six months.


Be Sociable, Share!
Facebooktwittergoogle_plusredditpinterestlinkedinmailFacebooktwittergoogle_plusredditpinterestlinkedinmail

Author: Edward Lott

Edward Lott, Ph.D., M.B.A. is President and Managing Partner of Allentown-based ForLawFirmsOnly Marketing, Inc., a local search and digital marketing agency that offers clients lead generation, local seo and Google Maps Domination.Ed has been a digital entrepreneur since 1994, having discovered very early the opportunities the Internet offered. After having spent over two decades helping attorneys grow their practice, Ed joined the staff of ForLawFirmsOnly Marketing as President and Managing Partner, where he is expanding the agency’s cutting-edge services to the legal market.A true marketing futurist, Ed's vast experience working directly with attorneys has given him a unique perspective on law firm marketing not found in many other digital marketing agencies. Ed has reshaped the offerings of ForLawFirmsOnly to focus on growing law firms through a holistic approach to digital marketing evident in the reformulated lead generation processes now in place.Want to learn more about ForLawFirmsOnly Marketing, their lead generation programs, or just talk to Ed about his visions for helping law firms grow? Call him at 855-943-8736.

ForLawFirmsOnly Marketing, Inc. © 1994-2019 All Rights Reserved
Scroll Up