Issue: (1) Whether this Court’s decision in Cullen v. Pinholster
(2011), permits an exception whereby federal courts may
consider newly developed evidence when the failure to develop that
evidence in state court is a consequence of constrained process that is
inadequate to develop the factual record; (2) whether this Court’s decision in Martinez v. Ryan
(2012), applies to substantial ineffective-assistance-of-counsel
claims that were not raised in state court because constrained state
court process prohibited development of the evidence that gives rise to
Proceedings and Orders
Sep 18 2012
Application (12A279) to extend the time to file a petition for a writ of certiorari from October 10, 2012 to December 9, 2012, submitted to Justice Kagan.
Sep 21 2012
Application (12A279) granted by Justice Kagan extending the time to file until December 9, 2012.
On Monday the Court issued orders from its April 17 Conference, which Lyle reported on. On Tuesday at 10 a.m. we expect one or more opinions in argued cases. We will be live-blogging at this link . The Court has not yet announced whether there will be additional opinion announcements on Wednesday. This is the first week of the April sitting.
Glossip v. Gross The constitutionality under the Eighth Amendment of using a sedative as the first drug in a death penalty protocol.