At 9:30 a.m. on Monday we expect ... (click to view)
Editor's Note :
At 9:30 a.m. on Monday we expect additional orders from the Court's November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging shortly before 10:00 a.m.
Issue: (1) Whether the Ninth Circuit improperly held that
Martinez v. Ryan provides a
“more lenient rule . . . for excusing procedural default”
than does Coleman v. Thompson,
and encompasses both cause and prejudice to excuse
the procedural default of a habeas claim; and (2) whether the Ninth Circuit improperly removed the prejudice prong from an analysis of ineffective assistance of post-conviction counsel as provided in Martinez and Strickland v. Washington.
How to prepare for oral argument; answering the questions asked; and the (limited) relation of ideas of Justices, the Court, and jurisprudence to the reality of oral argument. “Just the way they say, ‘Battle plans never survive contact with the enemy,’ oral argument plans never survive contact with the Court.” In this six-part interview, Eric Schnapper — […]
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