Wilkins v. Stephens

(1) Whether the Fifth Circuit erred in holding that a capital habeas petitioner may not obtain funding under 18 U.S.C. § 3599(f) to investigate and develop a claim of ineffective assistance of trial counsel if the claim has been procedurally defaulted, regardless of whether the petitioner can establish cause for the default under Martinez v. Ryan, at least where the petitioner has not already demonstrated the merits of the claim; and (2) whether, in a capital habeas case where the petitioner has had no opportunity or funding to investigate or develop his procedurally defaulted ineffective-assistance claim, a federal court may deny relief and deny a certificate of appealability based on a premature determination that the claim lacks merit.