​Washington v. Ryan, No. 05-99009 [June 17, 2015]

Washington v. Ryan

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.