Editor’s note: Jay Evans was an author of an amicus brief submitted in the Burton case on behalf of the Pennsylvania Innocence Project and the Innocence Network.
The issues surrounding appellate filings by pro se and prisoner litigants will always be with us. Our state and federal courts make significant efforts to maintain the integrity of the court while avoiding, as the U.S. Court of Appeals for the Third Circuit stated, “traps for the unwary,” as in Marshall v. Commissioner Pennsylvania Department of Corrections, 3d Cir. No. 16-9000, (Oct. 25). Two recent matters decided in the Third Circuit (Marshall) and pending in the Pennsylvania Supreme Court (Burton) demonstrate the unique tension for appellate courts in these circumstances. And these recent decisions may provide some important lessons for all of us as well.
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