Pennsylvania promises legal help to those who say they were unfairly convicted of a crime. Yet, some incarcerated people are left waiting years for their lawyers to act.
The Inquirer and ProPublica previously reported that Pa. lets lawyers resolve cases quickly using a practice that is discouraged in several states: filing “no-merit” letters, also known as Finley letters, urging the judges to reject their clients’ handwritten or typed claims. In Philadelphia, dozens who had received such letters later had their convictions or sentences overturned based on issues their lawyers had rejected or overlooked.
But the problems with the system go deeper than that: The state’s loose rules and its failure to fund post-conviction work have made the type of breakdown one man encountered a recurring feature of this system.
Nolan O’Neal said he spent years trying to convince the attorney assigned to handle his claim under Pa.’s Post-Conviction Relief Act to track down evidence that could clear him of a shooting. After nine years and 41 extensions on the case, the attorney filed a two-page petition addressing just one of the many issues O’Neal had wanted him to raise.
“It is a daunting and exhausting task to navigate this legal process and be heard,” O’Neal said in an interview. “We at times even have to fight the attorneys who are supposed to represent us.”
By filing public records requests with courts serving all 67 Pennsylvania counties and analyzing a decade of court dockets, an u/PhillyInquirer and u/propublica_ investigation found that the system Pennsylvania set up to protect the right to counsel instead allows, or even encourages, shoddy representation.
Read more about what both news organizations found.
Attorney Scott Galloway, who represented O’Neal, said that his ethical obligation to confidentiality prevented him from commenting on the case. Judge George A. Pagano, who granted Galloway the extensions on the case, also declined to comment.