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Owens v. Stirling

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
20-975 4th Cir. TBD TBD TBD TBD TBD

Issues: (1) For claims of ineffective assistance of trial counsel, what standard is to be used by federal courts of appeals for determining whether the underlying constitutional claim is “substantial” under Martinez v. Ryan, and how does it relate to the determination that a petitioner has met the requirements to obtain a Certificate of Appealability, under 28 U.S.C. § 2253(c) and as described by the Supreme Court in Miller-El v. Cockrell; and (2) whether, under the Martinez standard, it is proper for courts of appeals determining the substantial quality of the underlying constitutional claim to rely on an imbalanced consideration of the record, including ignoring evidence in the record in support of a petitioner’s underlying constitutional claim—as happened in Freddie Owens’s case.

DateProceedings and Orders (key to color coding)
Jan 15 2021Petition for a writ of certiorari filed. (Response due February 22, 2021)
Feb 22 2021Brief of respondents Bryan P. Stirling, et al. in opposition filed.
Feb 23 2021Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from March 10, 2021 to March 31, 2021, submitted to The Clerk.
Feb 24 2021Motion to delay distribution of the petition for a writ certiorari until March 31, 2021 granted.