Petition of the day
Thepetition of the dayis:
Issue: (1) Whether, under this Court’s decision in Martinez v. Ryan, post-conviction counsel’s ineffectiveness can provide cause to excuse the procedural default of an ineffective-assistance-of-appellate-counsel claim, or whether Martinez v. Ryan is limited to excusing only the default of a claim of ineffective assistance of trial counsel; and (2) whether, under the Anti-terrorism and Effective Death Penalty Act (AEDPA), a state-court adjudication of a judicial-bias claim is per se unreasonable under 28 U.S.C. 2254(d)(2) merely because the allegedly biased judge rules on the claim based on facts within her knowledge without first conducting an evidentiary hearing, or whether a federal court must grant AEDPA deference to the judge’s determination when the evidence in the state-court record supports it.
Posted in Cases in the Pipeline
Cases: Ryan v. Hurles