Pope v. Taylor

Petitioner filed a petition for collateral review after repeated attempts to appeal from his state court conviction of murder were unsuccessful, first because his lawyer failed to seek post-conviction relief and later because too much time had passed and the transcripts of proceedings had been destroyed. The district court issued a conditional writ and directed the state to either proceed with a new trial or to release petitioner. The Seventh Circuit affirmed, finding that petitioner had been denied his constitutional rights to assistance of counsel and the right to an appeal and that the state court was required to set aside the conviction unless the constitutional violation was harmless beyond a reasonable doubt, a finding it noted the state court did not make. The appellate court described petitioner’s case as a “travesty of justice” and ordered that petitioner be released unconditionally unless a new trial is commenced within three months. (ROVNER and JACKSON-AKIWUMI, concurring)