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Court rules against Az death-row inmate who filed appeal one day late
By tucsonsentinel.com- Nick Wicksman
Published: 06/19/2015

A federal appeals court Wednesday rejected the plea of an Arizona death row inmate, saying it could not overlook the fact that one of his appeals was filed one day beyond the deadline.

The ruling by a three-judge panel of the 9th U.S. Circuit Court of Appeals means Theodore Washington cannot raise arguments on appeal that helped get one of his co-defendants off death row in a 1987 Yuma shooting.

“Because his attorney did not properly calculate a filing deadline, Theodore Washington has lost his chance for appellate review of his habeas petition,” Judge Ronald Gould wrote in the opinion for the circuit court.

The unanimous decision upheld a district court judge who had also rejected Washington’s appeal for missing the filing deadline.

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