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Sepulvado v. Cain

Petition for certiorari denied on October 15, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-10251 5th Cir. N/A N/A N/A N/A OT 2013

Issue: (1) Whether, under Martinez v. Ryan, ineffective assistance of counsel in an initial-review collateral proceeding may provide cause to excuse the procedural default of a claim of ineffective assistance of trial counsel raised in a federal habeas proceeding, and whether reasonable jurists could debate whether a death-sentenced prisoner confined pursuant to a Louisiana judgment may assert ineffective assistance of state post-conviction counsel as cause to excuse procedural defaults of claims of ineffective assistance of trial counsel; (2) whether the U.S. Court of Appeals for the Fifth Circuit erred in denying a certificate of appealability to petitioner in order to determine whether his claims were reviewable under Martinez v. Ryan, where its holding here “that Martinez does not apply to Louisiana prisoners at all” squarely contradicts the Fifth Circuit’s own earlier decision in Lindsey v. Cain? ; and (3) whether, when petitioner was scheduled to be executed in six days, and the district court had transferred petitioner’s case to the Fifth Circuit for lack of jurisdiction, the Fifth Circuit erred in dismissing petitioner’s application for a certificate of appealability (“COA”) due to the district court’s lack of prior consideration of the COA?

DateProceedings and Orders (key to color coding)
May 8 2013Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 14, 2013)
Aug 28 2013Order extending time to file response to petition to and including September 9, 2013.
Aug 29 2013Brief of respondent Burl Cain, Warden in opposition filed.
Sep 11 2013Reply of petitioner Christopher Sepulvado filed. (Distributed)
Sep 12 2013DISTRIBUTED for Conference of September 30, 2013.
Oct 7 2013DISTRIBUTED for Conference of October 11, 2013.
Oct 15 2013Petition DENIED.