Procedure: deadline: missing a deadline: Maples has
shown the requisite “cause” to excuse his procedural default; as a rule, a
federal court may not entertain a state prisoner’s habeas claims “when (1) ‘a
state court has declined to address those claims because the prisoner had
failed to meet a state procedural requirement,’ and (2) ‘the state judgment
rests on independent and adequate state procedural grounds.’ ” Walker v.
Martin, 562 U. S. ___, ___. The bar to federal review may be lifted,
however, if “the prisoner can demonstrate cause for the procedural default in
state court and actual prejudice as a result of the alleged violation of
federal law.” Coleman v. Thompson, 501 U. S. 722, 750.
Cause for a procedural default exists where “something
external to the petitioner, something that cannot fairly be attributed
to him,. . . ‘impeded his efforts to comply with the State’s procedural rule.’
” Id., at 753. A prisoner’s postconviction attorney’s negligence does
not qualify as “cause,” ibid., because the attorney is the prisoner’s
agent, and under “well-settled” agency law, the principal bears the risk of his
agent’s negligent conduct, id., at 753–754. Thus, a petitioner is bound by
his attorney’s failure to meet a filing deadline and cannot rely on that
failure to establish cause. Ibid.
A markedly different situation arises, however, when
an attorney abandons his client without notice, and thereby occasions the
default. In such cases, the principal-agent relationship is severed and the attorney’s
acts or omissions “cannot fairly be attributed to the client.” Id., at
753. Nor can the client be faulted for failing to act on his own behalf when he
lacks reason to believe his attorneys of record, in fact, are not representing
him. Holland v. Florida, 560 U. S. ___, is instructive. There,
the Court found that the one-year deadline for filing a federal habeas petition
can be tolled for equitable reasons, and that an attorney’s unprofessional
conduct may sometimes be an “extraordinary circumstance” justifying equitable
tolling. Id., at ___, ___–___. The Court recognized that an attorney’s
negligence does not provide a basis for tolling a statutory time limit. Id.,
at ___. Holland’s claim that he was abandoned by his attorney, however, if
true, “would suffice to establish extraordinary circumstances beyond his
control,” id., at ___ (opinion of ALITO, J.); not only was Maples left without any functioning attorney of
record; the very listing of Munanka, Ingen-Housz, and Butler as his
representatives meant that he had no right personally to receive notice. He in
fact received none within the 42 days allowed for commencing an appeal. Given
no reason to suspect that he lacked counsel able and willing to represent him,
Maples surely was blocked from complying with the State’s procedural rule; “the
cause and prejudice requirement shows due regard for States’ finality and
comity interests while ensuring that ‘fundamental fairness remains the central
concern of the writ of habeas corpus.’ ” Dretke v. Haley, 541 U.
S. 386, 393. In the unusual circumstances of this case, agency law principles
and fundamental fairness point to the same conclusion: there was indeed cause
to excuse Maples’ procedural default. Through no fault of his own, he lacked
the assistance of any authorized attorney during the 42-day appeal period. And
he had no reason to suspect that, in reality, he had been reduced to pro se
status (U.S.S.Ct., 18.01.12, Maples v. Thomas, J. Ginsburg).
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