On Point: A. State

State v. Jerred Renard Washington / Jerred Renard Washington v. State, 2012 WI App 74 (recommended for publication); case activity (974.06); case activity (writ)

Habeas (Knight Petition) – Laches 

Following his plea-based conviction in 1997, Washington’s retained counsel filed a postconviction 809.30 motion in 1998. Counsel did not file a notice of appeal, however, after the motion was denied. Then, in 2009,

Patrick Wood v. Milyard, USSC No. 10-9995, 4/24/12, reversing 403 Fed. Appx. 335 (10th Cir 2010)

This case concerns the authority of a federal court to raise, on its own motion, a statute of limitations defense to a habeas corpus petition. After state prisoner Patrick Wood filed a federal habeas corpus petition, the State twice informed the U. S. District Court that it “[would] not challenge,

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 at trial if, in the initial-review collateral proceeding, there was no counsel or counsel in that proceeding was ineffective.

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 assistance of counsel to the Illinois state trial court and in her petition for review to the Illinois Supreme Court,

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 Court has taken up for review is whether,

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 law and justice require.’ ” Id. at 326 (quoting § 2243). This is “a more generous standard,” George v.

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 proceeding, has a federal constitutional right to effective assistance of first post-conviction counsel specifically with respect to his ineffective-assistance-of-trial-counsel claim.

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 – Procedural Fault

Kerr’s pro se § 974.06 motion asserted ineffective assistance of counsel as a ground for relief.

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 the time of any default.

Cert petition

Scotusblog page

After Maples lost his direct appeal in (Alabama) state court,

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 count as an adequate and independent ground for denying a federal habeas petition even if the state court had discretion to reach the merits despite the default.