A Birmingham lawyer is taking the case of an Alabama death row inmate to the U.S. Supreme Court.
The attorney says a death row appeal is needed because the lawyers appealing the inmate's conviction never got some important pieces of mail.
Cory Maples was sent to death row, convicted of murdering two people in Morgan County in 1995.
Birmingham lawyer Wayne Morse filed a brief with the U.S. Supreme Court to get the inmate's conviction overturned.
Morse says during Maples' trial, his attorney didn't mention that Maples was highly intoxicated.
A fact Morse believes would have spared maples the death penalty.
Morse said, "If his condition and conscious ability to comprehend was altered that needed to be brought before the jury."
Morse says Maples had two New York attorneys appealing his case, but they quit their jobs and never informed the Alabama court system. Because of that, letters sent to the attorneys regarding the appeals process went unread and Maples' appeal time expired.
Morse said, "We believe that no person should be put to execution or subjected to death because of the errors of others."
Troy King was Alabama's Attorney General during Maples' conviction. FOX6 spoke to him over the phone. King has no sympathy for Maples. King says he earned his sentence and he has to face his punishment.
King said, "I believe the death penalty is an effective deterrent but only if we let it work. It's this inmate's fault that there is an appeal in the first place. If he hadn't killed people he wouldn't have been convicted. And there would not be a need for an appeal. When are we ever going to expect people to take responsibility for what they do."
But Morse says Maples wasn't given the due process he's entitled to and was abandoned by his appeal lawyers.
The U.S. Supreme Court will hear the arguments in the case on October 4th.
Copyright 2011 WBRC. All rights reserved.
1720 Valley View Drive