Washington’s attorney failed to timely file for an appeal of the denial of his habeas petition. The court found that it did not have jurisdiction to hear Washington’s appeal, even though a co-defendant’s appeal resulted in a new penalty-phase trial because the court properly denied his Rule 60(b) motion. Miscalculation of the filing deadline by a legal secretary in the office of the Federal Defender was mere negligence and not the kind of abandonment necessary to sever the agency relationship and allow for relief. A motion for a COA, filed within the 30 days, did not qualify under Rule 4(a)(1) because it did not indicate that it was intended to serve as a motion for an extension of time.
Update: On December 31, 2015 the court granted a rehearing en banc.