In previous years, the Court released ... (click to view)
Editor's Note :
In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.
Issue: (1) Does this Court’s opinion in Martinez v. Ryan have any application in a jurisdiction which, under the facts of petitioner’s case, mandates that claims of ineffective assistance of counsel be raised in the course of direct appellate review; and (2) if so, does this Court’s opinion in Martinez represent an “extraordinary circumstance” which might entitle a movant to relief under Rule 60(b)(6)?
Proceedings and Orders
Jan 24 2013
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 28, 2013)
Mar 6 2013
Waiver of right of respondent Robert P. Houston, Director, Nebraska Department of Correctional Services to respond filed.