Washington v. Ryan

BYBEE, Circuit Judge,

with whom CALLAHAN, BEA, IKUTA, and WATFORD, Circuit Judges, join, dissenting:

I take no pleasure in writing this dissent. Washington’s counsel filed his notice of appeal one day late. The office of the Arizona Public Defender is well known to this court and enjoys an outstanding reputation. Washington’s lead counsel has earned the respect of this court; he is an experienced and conscientious attorney, an expert in death penalty appeals and habe-as petitions. For anyone who has litigated and has known the anxiety of counting and then recounting the days towards deadlines,…