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a. Procedural Bar

Luis Mariano Martinez v. Ryan, USSC No. 10-1001, 3/20/12, reversing and remanding, 623 F.3d 731 (9th Cir. 2011) Where, under state law, claims of ineffective assistance of trial counsel must be raised in an initial-review collateral proceeding, a procedural default will not bar a federal habeas court from hearing a substantial claim of ineffective assistance… Read More

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Marilyn Mulero v. Thompson, 7th Cir No. 10-3875, 2/7/12 seventh circuit decision Habeas – Procedural Bar  Muleros’ failure to present various claims “through one complete round of state court review” operates as procedural default; citing, Smith v. McKee, 598 F.3d 374, 382 (7th Cir. 2010). … While Mulero did present numerous other claims of ineffective… Read More

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Habeas – Procedural Bar – Cause to Excuse

Cory R. Maples v. Thomas, USSC No. 10-63, 1/18/12, reversing 586 F.3d 879 (11th Cir. 2009) On “the uncommon facts presented here,” the Court finds that cause existed to excuse on federal habeas review Maples’ procedural default, namely his failure to file a timely appeal of his state (Alabama) postconviction petition. The sole question this… Read More

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seventh circuit court of appeals decision Habeas – Ineffective Assistance, State Court Failure to Reach – Standard of Review  … When “no state court has squarely addressed the merits” of a habeas claim, however, we review the claim under the pre-AEDPA standard of 28 U.S.C. § 2243, under which we “ ‘dispose of the matter as… Read More

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Docket Decision below:  Martinez v. Schriro, 623 F.3d 731 (9th Cir. 2010) Question Presented: Whether a defendant in a state criminal case who is prohibited by state law from raising on direct appeal any claim of ineffective assistance of trial counsel, but who has a state-law right to raise such a claim in a first postconviction… Read More

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7th circuit decision, on habeas review of summary orders in 2001AP168 (§ 809.30 appeal) and 2003AP2332 (§ 974.06 appeal) Due to the nature of the issues and length of discussion, this case will be canvassed in multiple posts. Part I (IAC – adequate provocation defense) is here; Part III (evidentiary hearing, GP advice), here. Habeas –… Read More

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Docket Decision below (11th Cir No. 07-15187, 10/26/09) Question Presented (by Scotusblog): Whether the Eleventh Circuit properly held that there was no “cause” to excuse any procedural default where petitioner was blameless for the default, the state’s own conduct contributed to the default, and petitioner’s attorneys of record were no longer functioning as his agents at… Read More

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Walker v. Charles W. Martin, USSC No. 09-996, 2/23/11 State court time limit for seeking postconviction relief needn’t be “fixed,” but instead may be discretionary in nature, for purposes of the habeas default rule. In a recent decision, Beard v. Kindler, 558 U. S. ___ (2009), this Court clarified that a state procedural bar may… Read More

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