A Second Late Appeal Puts Death-Penalty Lawyer on the Hot Seat
The chief judge of the Texas Court of Criminal Appeals faced mounting criticism and ethics charges over her refusal to accept a late emergency death-penalty appeal two years ago. Now the lawyer who wanted to keep the courthouse open to file the documents is facing scrutiny for a second late appeal.
Lawyer David Dow criticized the chief judge, Sharon Keller, in an op-ed written two years ago. Keller’s decision was “typical of the arbitrariness and brazen disregard for legal principle that characterizes most death-penalty cases,” he wrote. Keller is facing ethics charges as a result of her refusal to accept the filing.
Now Dow is in the news for a late filing in a different case, Texas Lawyer reports. He was ordered to appear today with co-counsel Katherine Black to explain an “untimely filing.” Dow and Black work for the Texas Defender Service.
Texas court rules require late death-penalty filings to include a sworn statement of reasons for the delay, the story says. Those without an adequate justification face sanctions. The Court of Criminal Appeals issued the order to show cause; Keller is not participating.
Dow attached a three-page explanation citing the demands of other work, including another death penalty appeal. Judge Cathy Cochran of the Court of Criminal Appeals told Texas Lawyer the court was not entirely satisfied with the cited reasons. “We want a better explanation,” Cochran told the publication.
Dow didn’t comment when contacted by Texas Lawyer. “I’m not interested in talking about it,” he said. His client was executed Nov. 18.
