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Martinez v. Ryan

Docket No.10-1001
Op. Below9th Circuit
ArgumentOct 4, 2011

Holding

Where, under state law, ineffective-assistance-of-trial-counsel claims must be raised in an initial-review collateral proceeding, a procedural default will not bar a federal habeas court from hearing those claims if, in the initial-review collateral proceeding, there was no counsel or counsel in that proceeding was ineffective.

Judgment

Reversed and remanded, 7-2, in an opinion by Anthony McLeod Kennedy on Mar 20, 2012. Justice Scalia filed a dissenting opinion, which was joined by Justice Thomas.

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