The petition of the day is:

14-191

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 Ryan v. Hurles, Cases in the Pipeline

Recommended Citation: Maureen Johnston, Petition of the day, SCOTUSblog (Oct. 17, 2014, 10:05 PM), https://www.scotusblog.com/2014/10/petition-of-the-day-705/