Can a common practice in criminal defense trigger constitutional protections when it’s suddenly changed?
Less than a year after creating a narrow right to make a federal ineffective assistance of counsel claim in a post-conviction proceeding despite a procedural default in state court, the justices of the U.S. Supreme Court tried to carve out the contours of that ruling during oral arguments in Trevino v. Thaler.
10-3550 Woolley v. Rednour
11-3228 Ray v. Clements
In a case that could help establish the limits of the U.S. Supreme Court’s ruling last term in Martinez v. Ryan, which established defendants’ narrow right to the effective assistance of counsel in a post-conviction proceeding, the Court has agreed to decide whether a state court procedural default prevents a federal habeas court from hearing a post-conviction ineffective assistance claim.
2011AP2069 State ex rel. Blunt v. Smith
11-2246 Rivas-Melendrez v. Napolitano
2009AP746-W & 2010AP1064 State v. Washington
10-9995 Wood v. Milyard
2011AP402 State ex rel. Walker v. Huibregtse, et al.
A federal court erred in granting habeas corpus to a defendant where the state’s witness was unavailable, because under the Antiterrorism and Effective Death Penalty Act a federal court cannot overturn a state court’s decision that the state took reasonable steps to find a witness merely because the federal court identified additional steps that might have been taken.
10-2432 Purvis v. U.S.
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