martinez
ryan
director
arizona
department
corrections
argued
october
decided
march
arizona
prisoners
may
raise
claims
ineffective
assistance
trial
counsel
state
collateral
proceedings
direct
review
petitioner
martinez
first
state
collateral
proceeding
counsel
raise
claim
federal
habeas
review
new
counsel
martinez
argued
received
ineffective
assistance
trial
first
state
collateral
proceeding
also
claimed
constitutional
right
effective
attorney
collateral
proceeding
first
place
raise
claim
ineffective
assistance
trial
district
denied
petition
finding
arizona
preclusion
rule
adequate
independent
ground
barring
federal
review
coleman
thompson
attorney
errors
postconviction
proceeding
qualify
cause
excuse
procedural
default
appeals
ninth
circuit
affirmed
held
state
law
claims
must
raised
collateral
proceeding
procedural
default
bar
federal
habeas
hearing
claims
collateral
proceeding
counsel
counsel
proceeding
ineffective
pp
given
precise
question
whether
ineffective
assistance
collateral
proceeding
claim
may
provide
cause
procedural
default
federal
habeas
proceeding
case
resolve
question
left
open
coleman
whether
prisoner
constitutional
right
effective
counsel
collateral
proceedings
however
protect
prisoners
potentially
legitimate
claims
necessary
recognize
narrow
exception
coleman
unqualified
statement
attorney
ignorance
inadvertence
postconviction
proceeding
qualify
cause
excuse
procedural
default
namely
inadequate
assistance
counsel
collateral
proceedings
may
establish
cause
pp
federal
hear
martinez
claim
establish
cause
excuse
procedural
default
prejudice
violation
federal
law
coleman
held
postconviction
attorney
negligence
qualify
attorney
prisoner
agent
principal
bears
risk
agent
negligent
conduct
maples
thomas
ante
however
coleman
counsel
alleged
error
appeal
collateral
proceeding
thus
claims
addressed
state
habeas
trial
marks
key
difference
collateral
proceedings
collateral
proceedings
collateral
proceeding
first
designated
proceeding
prisoner
raise
claim
collateral
proceeding
equivalent
prisoner
direct
appeal
claim
state
habeas
decides
claim
merits
addressed
claim
defendants
generally
ill
equipped
represent
brief
counsel
opinion
addressing
claim
halbert
michigan
attorney
errors
appeal
direct
review
may
provide
cause
excuse
procedural
default
attorney
appointed
state
ineffective
prisoner
denied
fair
process
opportunity
comply
state
procedures
obtain
adjudication
merits
claim
without
adequate
representation
collateral
proceeding
prisoner
similar
difficulties
vindicating
substantial
claim
true
state
appoint
attorney
collateral
proceeding
prisoner
inability
present
claim
particular
concern
right
effective
trial
counsel
bedrock
principle
nation
justice
system
allowing
federal
habeas
hear
claim
ineffective
assistance
trial
attorney
errors
attorney
absence
caused
procedural
default
collateral
proceeding
acknowledges
equitable
matter
collateral
proceeding
undertaken
counsel
ineffective
counsel
may
sufficient
ensure
proper
consideration
given
substantial
claim
thus
follows
state
requires
prisoner
raise
claim
ineffective
assistance
trial
collateral
proceeding
prisoner
may
establish
cause
procedural
default
claim
two
circumstances
state
courts
appoint
counsel
collateral
proceeding
claim
appointed
counsel
collateral
proceeding
claim
raised
ineffective
strickland
washington
overcome
default
prisoner
must
also
demonstrate
underlying
claim
substantial
jurisdictions
procedures
ensure
counsel
appointed
substantial
claims
likely
attorneys
qualified
perform
perform
according
prevailing
professional
norms
may
enforce
procedural
default
federal
habeas
proceedings
pp
limited
qualification
coleman
implicate
stare
decisis
concerns
coleman
holding
remains
true
except
collateral
proceedings
claims
ineffective
assistance
trial
holding
case
put
significant
strain
state
resources
state
facing
question
cause
apparent
default
may
answer
claim
insubstantial
limited
circumstances
recognized
also
reflect
importance
right
effective
assistance
trial
claims
may
implicate
fundamentals
adversary
system
antiterrorism
effective
death
penalty
act
speak
question
presented
thus
bar
martinez
asserting
attorney
error
cause
procedural
default
pp
whether
martinez
attorney
first
collateral
proceeding
ineffective
whether
claim
substantial
well
question
prejudice
questions
remain
open
decision
remand
reversed
remanded
kennedy
delivered
opinion
roberts
ginsburg
breyer
alito
sotomayor
kagan
joined
scalia
filed
dissenting
opinion
thomas
joined
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
luis
mariano
martinez
petitioner
charles
ryan
director
arizona
department
corrections
writ
certiorari
appeals
ninth
circuit
march
justice
kennedy
delivered
opinion
state
arizona
permit
convicted
person
alleging
ineffective
assistance
trial
counsel
raise
claim
direct
review
instead
prisoner
must
bring
claim
state
collateral
proceedings
instant
case
however
petitioner
postconviction
counsel
raise
claim
first
collateral
proceeding
indeed
filed
statement
reviewing
case
found
meritorious
claims
helpful
petitioner
federal
habeas
review
new
counsel
petitioner
sought
argue
received
ineffective
assistance
counsel
trial
first
phase
state
collateral
proceeding
state
collateral
proceeding
first
place
challenge
conviction
grounds
ineffective
assistance
petitioner
maintained
constitutional
right
effective
attorney
collateral
proceeding
petitioner
frames
question
case
constitutional
one
narrow
still
dispositive
formulation
whether
federal
habeas
may
excuse
procedural
default
claim
claim
properly
presented
state
due
attorney
errors
collateral
proceeding
jury
convicted
petitioner
luis
mariano
martinez
two
counts
sexual
conduct
minor
age
prosecution
introduced
videotaped
forensic
interview
victim
martinez
stepdaughter
also
put
evidence
victim
nightgown
traces
martinez
dna
part
defense
martinez
introduced
evidence
victim
recantations
including
testimony
victim
grandmother
mother
second
videotaped
interview
victim
denied
abuse
victim
also
denied
abuse
testified
trial
app
pet
cert
explain
inconsistencies
prosecution
expert
testified
recantations
accusations
caused
often
reluctance
part
victim
mother
lend
support
child
claims
pet
cert
considering
conflicting
evidence
jury
convicted
martinez
sentenced
two
consecutive
terms
life
imprisonment
possibility
parole
years
app
pet
cert
state
appointed
new
attorney
represent
martinez
direct
appeal
ibid
pet
cert
made
numerous
arguments
martinez
behalf
including
claim
evidence
insufficient
newly
discovered
evidence
warranted
new
trial
app
pet
cert
arizona
law
however
permit
argue
direct
appeal
trial
counsel
ineffective
state
spreitz
arizona
instead
requires
claims
ineffective
assistance
trial
reserved
state
collateral
proceedings
martinez
direct
appeal
pending
attorney
began
state
collateral
proceeding
filing
notice
relief
martinez
schriro
rule
crim
proc
despite
initiating
proceeding
counsel
made
claim
trial
counsel
ineffective
later
filed
statement
asserting
find
colorable
claims
cf
state
smith
state
trial
hearing
collateral
proceeding
gave
martinez
days
file
pro
se
petition
support
postconviction
relief
raise
claims
believed
counsel
overlooked
see
smith
supra
martinez
respond
later
alleged
unaware
ongoing
collateral
proceedings
counsel
failed
advise
need
file
pro
se
petition
preserve
rights
state
trial
dismissed
action
postconviction
relief
effect
affirming
counsel
determination
martinez
meritorious
claims
arizona
appeals
affirmed
martinez
conviction
arizona
denied
review
year
half
later
martinez
represented
new
counsel
filed
second
notice
postconviction
relief
arizona
trial
martinez
claimed
trial
counsel
ineffective
failing
challenge
prosecution
evidence
argued
example
trial
counsel
objected
expert
testimony
explaining
victim
recantations
called
expert
witness
rebuttal
martinez
also
faulted
trial
counsel
pursuing
exculpatory
explanation
dna
nightgown
app
brief
opposition
martinez
petition
dismissed
part
reliance
arizona
rule
barring
relief
claim
raised
previous
collateral
proceeding
see
rule
crim
proc
martinez
theory
went
asserted
claims
ineffective
assistance
trial
counsel
first
notice
postconviction
relief
arizona
appeals
agreed
denied
martinez
relief
failed
raise
claims
first
collateral
proceeding
arizona
declined
review
martinez
appeal
martinez
sought
relief
district
district
arizona
filed
petition
writ
habeas
corpus
raising
claims
martinez
acknowledged
state
courts
denied
claims
relying
state
procedural
rule
doctrine
procedural
default
prohibit
federal
reaching
merits
claims
see
wainwright
sykes
overcome
hurdle
federal
review
martinez
argued
cause
default
first
postconviction
counsel
ineffective
failing
raise
claims
first
notice
postconviction
relief
failing
notify
martinez
actions
see
magistrate
judge
recommendation
district
denied
petition
ruling
arizona
preclusion
rule
adequate
independent
ground
bar
federal
review
app
pet
cert
martinez
shown
cause
excuse
procedural
default
district
reasoned
coleman
thompson
attorney
errors
postconviction
proceeding
qualify
cause
default
see
appeals
ninth
circuit
affirmed
appeals
relied
general
statements
coleman
absent
right
counsel
collateral
proceeding
attorney
errors
proceeding
establish
cause
procedural
default
expanding
district
opinion
appeals
citing
coleman
noted
general
rule
constitutional
right
counsel
collateral
proceedings
appeals
recognized
coleman
reserved
ruling
whether
exception
rule
cases
collateral
review
first
place
prisoner
present
challenge
conviction
quoting
coleman
supra
concluded
nevertheless
controlling
cases
established
basis
exception
certiorari
granted
ii
coleman
thompson
supra
left
open
appeals
case
addressed
question
constitutional
law
whether
prisoner
right
effective
counsel
collateral
proceedings
provide
first
occasion
raise
claim
ineffective
assistance
trial
proceedings
called
purposes
opinion
collateral
proceedings
coleman
suggested
though
without
holding
constitution
may
require
provide
counsel
collateral
proceedings
cases
state
collateral
review
first
place
prisoner
present
challenge
conviction
coleman
noted
makes
collateral
proceeding
prisoner
one
appeal
claim
emphasis
deleted
internal
quotation
marks
omitted
may
justify
exception
constitutional
rule
right
counsel
collateral
proceedings
see
douglas
california
holding
must
appoint
counsel
prisoner
first
appeal
case
however
resolve
whether
exception
exists
constitutional
matter
precise
question
whether
ineffective
assistance
collateral
proceeding
claim
ineffective
assistance
trial
may
provide
cause
procedural
default
federal
habeas
proceeding
protect
prisoners
potentially
legitimate
claim
ineffective
assistance
trial
counsel
necessary
modify
unqualified
statement
coleman
attorney
ignorance
inadvertence
postconviction
proceeding
qualify
cause
excuse
procedural
default
opinion
qualifies
coleman
recognizing
narrow
exception
inadequate
assistance
counsel
collateral
proceedings
may
establish
cause
prisoner
procedural
default
claim
ineffective
assistance
trial
federal
habeas
courts
reviewing
constitutionality
state
prisoner
conviction
sentence
guided
rules
designed
ensure
judgments
accorded
finality
respect
necessary
preserve
integrity
legal
proceedings
within
system
federalism
rules
include
doctrine
procedural
default
federal
review
merits
claims
including
constitutional
claims
state
declined
hear
prisoner
failed
abide
state
procedural
rule
see
coleman
supra
sykes
supra
state
invocation
procedural
rule
deny
prisoner
claims
precludes
federal
review
claims
among
requisites
state
procedural
rule
nonfederal
ground
adequate
support
judgment
rule
firmly
established
consistently
followed
see
walker
martin
slip
beard
kindler
slip
doctrine
barring
procedurally
defaulted
claims
heard
without
exceptions
prisoner
may
obtain
federal
review
defaulted
claim
showing
cause
default
prejudice
violation
federal
law
see
coleman
dispute
arizona
procedural
bar
successive
petitions
independent
adequate
state
ground
thus
federal
hear
martinez
claim
establish
cause
excuse
procedural
default
coleman
held
egligence
part
prisoner
postconviction
attorney
qualify
maples
thomas
slip
coleman
reasoned
attorney
prisoner
agent
principles
agency
law
principal
bears
risk
negligent
conduct
part
agent
maples
supra
slip
coleman
however
present
occasion
apply
principle
determine
whether
attorney
errors
collateral
proceedings
may
qualify
cause
procedural
default
alleged
failure
counsel
coleman
appeal
collateral
proceeding
proceeding
prisoner
claims
addressed
state
habeas
trial
see
coleman
recognized
marks
key
difference
collateral
proceedings
kinds
collateral
proceedings
attorney
errs
collateral
proceedings
likely
state
level
hear
prisoner
claim
direct
review
state
proceeding
consider
adjudicate
claim
see
fox
film
muller
murdock
memphis
wall
cf
coleman
supra
counsel
errors
collateral
proceeding
establish
cause
excuse
procedural
default
federal
habeas
proceeding
review
prisoner
claims
true
counsel
errs
kinds
postconviction
proceedings
counsel
errors
proceedings
preclude
review
prisoner
claim
claim
addressed
one
whether
trial
appellate
direct
review
trial
collateral
proceeding
see
coleman
supra
collateral
proceeding
first
designated
proceeding
prisoner
raise
claim
ineffective
assistance
trial
collateral
proceeding
many
ways
equivalent
prisoner
direct
appeal
claim
state
habeas
looks
merits
clai
ineffective
assistance
addressed
claim
defendants
pursuing
review
generally
ill
equipped
represent
brief
counsel
opinion
addressing
claim
error
halbert
michigan
see
douglas
coleman
recognized
attorney
errors
appeal
direct
review
may
provide
cause
excuse
procedural
default
attorney
appointed
state
pursue
direct
appeal
ineffective
prisoner
denied
fair
process
opportunity
comply
state
procedures
obtain
adjudication
merits
claims
see
evitts
lucey
douglas
supra
without
help
adequate
attorney
prisoner
similar
difficulties
vindicating
substantial
claim
claims
ineffective
assistance
trial
often
require
investigative
work
understanding
trial
strategy
issue
raised
direct
review
moreover
prisoner
asserting
claim
collateral
proceeding
rely
opinion
prior
work
attorney
addressing
claim
halbert
present
claim
ineffective
assistance
trial
accordance
state
procedures
prisoner
likely
needs
effective
attorney
true
state
appoint
attorney
assist
prisoner
collateral
proceeding
prisoner
unlearned
law
may
comply
state
procedural
rules
may
misapprehend
substantive
details
federal
constitutional
law
describing
educational
background
prison
population
confined
prison
prisoner
position
develop
evidentiary
basis
claim
ineffective
assistance
often
turns
evidence
outside
trial
record
prisoner
inability
present
claim
trial
error
particular
concern
claim
one
ineffective
assistance
counsel
right
effective
assistance
counsel
trial
bedrock
principle
justice
system
deemed
obvious
truth
idea
person
haled
poor
hire
lawyer
assured
fair
trial
unless
counsel
provided
gideon
wainwright
indeed
right
counsel
foundation
adversary
system
defense
counsel
tests
prosecution
case
ensure
proceedings
serve
function
adjudicating
guilt
innocence
protecting
rights
person
charged
see
powell
alabama
defendant
requires
guiding
hand
counsel
every
step
proceedings
without
though
guilty
faces
danger
conviction
know
establish
innocence
effective
trial
counsel
preserves
claims
considered
appeal
see
fed
rule
crim
proc
federal
habeas
proceedings
edwards
carpenter
imply
state
acted
impropriety
reserving
claim
ineffective
assistance
collateral
proceeding
see
massaro
claims
often
depend
evidence
outside
trial
record
direct
appeals
without
evidentiary
hearings
may
effective
proceedings
developing
factual
basis
claim
ibid
abbreviated
deadlines
expand
record
direct
appeal
may
allow
adequate
time
attorney
investigate
claim
see
primus
structural
reform
criminal
defense
cornell
rev
rules
give
days
time
conviction
file
request
expand
record
appeal
thus
sound
reasons
deferring
consideration
claims
stage
decision
without
consequences
state
ability
assert
procedural
default
later
proceedings
deliberately
choosing
move
claims
outside
process
counsel
constitutionally
guaranteed
state
significantly
diminishes
prisoners
ability
file
claims
within
context
state
procedural
framework
counsel
ineffectiveness
collateral
proceeding
qualifies
cause
procedural
default
rules
prisoner
may
establish
cause
excuse
procedural
default
elaborated
exercise
discretion
mccleskey
zant
see
also
coleman
supra
sykes
reed
ross
fay
noia
overruled
part
sykes
supra
rules
reflect
equitable
judgment
prisoner
impeded
obstructed
complying
state
established
procedures
federal
habeas
excuse
prisoner
usual
sanction
default
see
strickler
greene
reed
supra
allowing
federal
habeas
hear
claim
ineffective
assistance
trial
counsel
attorney
errors
absence
attorney
caused
procedural
default
collateral
proceeding
acknowledges
equitable
matter
collateral
proceeding
undertaken
without
counsel
ineffective
counsel
may
sufficient
ensure
proper
consideration
given
substantial
claim
follows
state
requires
prisoner
raise
claim
collateral
proceeding
prisoner
may
establish
cause
default
claim
two
circumstances
first
state
courts
appoint
counsel
collateral
proceeding
claim
ineffective
assistance
trial
second
appointed
counsel
collateral
proceeding
claim
raised
ineffective
standards
strickland
washington
overcome
default
prisoner
must
also
demonstrate
underlying
claim
substantial
one
say
prisoner
must
demonstrate
claim
merit
cf
cockrell
describing
standards
certificates
appealability
issue
jurisdictions
place
procedures
ensure
counsel
appointed
substantial
claims
including
arizona
appoint
counsel
every
first
collateral
proceeding
see
alaska
stat
rule
crim
proc
stat
rules
crim
proc
stat
ann
rule
laws
lexis
code
ann
appoint
counsel
claims
require
evidentiary
hearing
claims
ineffective
assistance
often
see
rule
crim
proc
la
code
crim
proc
art
west
rule
crim
proc
rule
civ
proc
appoint
counsel
claims
merit
state
habeas
trial
deems
record
worthy
development
see
ark
rule
crim
proc
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proc
del
super
rule
crim
proc
indiana
rule
remedies
proc
rev
stat
ann
dist
rule
crim
proc
hust
state
idaho
hardin
arkansas
ark
per
curiam
jensen
state
nd
wu
kostal
people
likely
attorneys
appointed
courts
qualified
perform
perform
according
prevailing
professional
norms
may
enforce
procedural
default
federal
habeas
proceedings
limited
qualification
coleman
implicate
usual
concerns
upsetting
reliance
interests
protected
stare
decisis
principles
montejo
louisiana
coleman
held
attorney
negligence
postconviction
proceeding
establish
cause
remains
true
except
collateral
proceedings
claims
ineffective
assistance
counsel
trial
coleman
involve
occasion
attorney
erred
collateral
proceeding
respect
claim
ineffective
trial
counsel
years
since
coleman
decided
held
coleman
applies
circumstances
like
one
holding
put
significant
strain
state
resources
faced
question
whether
cause
apparent
default
state
may
answer
claim
insubstantial
merit
wholly
without
factual
support
attorney
collateral
proceeding
perform
constitutional
standards
one
differences
constitutional
ruling
equitable
ruling
case
constitutional
ruling
provide
defendants
freestanding
constitutional
claim
raise
require
appointment
counsel
collateral
proceedings
impose
system
appointing
counsel
every
state
require
reversal
state
collateral
cases
direct
review
state
courts
system
appointing
counsel
conform
constitutional
rule
equitable
ruling
contrast
permits
variety
systems
appointing
counsel
collateral
proceedings
permits
state
elect
appointing
counsel
collateral
proceedings
asserting
procedural
default
raising
defense
merits
federal
habeas
proceedings
addition
state
collateral
cases
direct
review
state
courts
unaffected
ruling
case
rule
coleman
governs
limited
circumstances
recognized
holding
case
concern
attorney
errors
kinds
proceedings
including
appeals
collateral
proceedings
second
successive
collateral
proceedings
petitions
discretionary
review
state
appellate
courts
see
carrier
extend
attorney
errors
proceeding
beyond
first
occasion
state
allows
prisoner
raise
claim
ineffective
assistance
trial
even
though
collateral
proceeding
may
deficient
reasons
addition
limited
nature
qualification
coleman
adopted
reflects
importance
right
effective
assistance
trial
counsel
arizona
decision
bar
defendants
raising
claims
direct
appeal
holding
addresses
constitutional
claims
presented
case
state
barred
defendant
raising
claims
direct
appeal
arizona
contends
antiterrorism
effective
death
penalty
act
aedpa
bars
martinez
asserting
attorney
error
cause
procedural
default
aedpa
refers
attorney
error
collateral
proceedings
speak
question
presented
case
section
provides
ineffectiveness
incompetence
counsel
federal
state
collateral
proceedings
shall
ground
relief
cause
however
synonymous
ground
relief
finding
cause
prejudice
entitle
prisoner
habeas
relief
merely
allows
federal
consider
merits
claim
otherwise
procedurally
defaulted
case
example
martinez
ground
relief
claim
claim
aedpa
bar
martinez
relies
ineffectiveness
postconviction
attorney
excuse
failure
comply
arizona
procedural
rules
independent
basis
overturning
conviction
short
precludes
martinez
relying
ineffectiveness
postconviction
attorney
ground
relief
stop
martinez
using
establish
cause
holland
florida
slip
iii
state
law
claims
ineffective
assistance
trial
counsel
must
raised
collateral
proceeding
procedural
default
bar
federal
habeas
hearing
substantial
claim
ineffective
assistance
trial
collateral
proceeding
counsel
counsel
proceeding
ineffective
case
martinez
attorney
collateral
proceeding
filed
notice
akin
anders
brief
effect
conceding
martinez
lacked
meritorious
claim
including
claim
ineffective
assistance
trial
see
anders
california
martinez
argued
federal
habeas
filing
anders
brief
constituted
ineffective
assistance
appeals
decide
whether
rather
held
martinez
right
attorney
collateral
proceeding
attorney
errors
collateral
proceeding
establish
cause
failure
comply
state
rules
thus
appeals
determine
whether
martinez
attorney
first
collateral
proceeding
ineffective
whether
claim
ineffective
assistance
trial
counsel
substantial
address
question
prejudice
issues
remain
open
decision
remand
judgment
appeals
reversed
case
remanded
proceedings
consistent
opinion
ordered
scalia
dissenting
luis
mariano
martinez
petitioner
charles
ryan
director
arizona
department
corrections
writ
certiorari
appeals
ninth
circuit
march
justice
scalia
justice
thomas
joins
dissenting
let
get
straight
concern
values
federalism
preserve
ability
provide
prompt
justice
light
longstanding
holding
constitutional
right
counsel
state
collateral
review
portrays
admirable
exercise
judicial
restraint
abstains
holding
constitutional
right
counsel
state
habeas
meant
case
one
us
failing
provide
assistance
counsel
providing
assistance
counsel
falls
strickland
standard
constitute
cause
excusing
procedural
default
see
strickland
washington
instead
taking
radical
step
holds
equitable
reasons
case
one
us
failing
provide
assistance
counsel
providing
assistance
counsel
falls
strickland
standard
constitutes
cause
excusing
procedural
default
result
course
precisely
ah
perhaps
explanation
action
today
amounts
praiseworthy
pronounces
excuse
usual
rule
default
state
habeas
raising
claim
limited
invention
new
constitutional
right
counsel
precisely
fashion
precisely
consequences
moreover
one
really
believes
newly
announced
equitable
rule
remain
limited
cases
dime
worth
difference
principle
cases
many
cases
initial
state
habeas
first
opportunity
particular
claim
raised
claims
newly
discovered
prosecutorial
misconduct
example
see
brady
maryland
claims
based
newly
discovered
exculpatory
evidence
newly
discovered
impeachment
prosecutorial
witnesses
claims
asserting
ineffective
assistance
appellate
counsel
soothing
assertion
ante
holding
addresses
constitutional
claims
presented
case
insults
reader
moreover
even
today
holding
logic
restricted
claims
essentially
practical
consequences
holding
counsel
constitutionally
required
despite
suggestion
contrary
see
ante
rule
adopts
calls
question
common
state
practice
appointing
counsel
first
collateral
proceedings
see
ante
sure
call
question
lawfulness
practice
sanity
prisoner
goes
state
collateral
proceedings
without
counsel
fails
raise
claim
failure
defaulted
default
preclude
federal
habeas
review
merits
claim
since
ineffective
assistance
trial
counsel
monotonously
standard
claim
federal
habeas
duly
convicted
defendant
ever
effectively
represented
whoever
advises
state
guilty
ineffective
assistance
counsel
appointment
counsel
cases
lest
failure
raise
claim
state
excused
state
propelled
federal
habeas
review
adequacy
representation
occurred
many
years
say
pretended
avoidance
requiring
counsel
course
even
appointment
counsel
guarantee
state
criminal
proceeding
concluded
without
federal
retrial
appointment
counsel
may
said
avoid
federal
review
adequacy
representation
occurred
years
ago
original
trial
since
today
opinion
condition
exclusion
federal
habeas
condition
apply
appointment
counsel
constitutionally
required
remain
determined
federal
habeas
review
whether
counsel
effective
thus
consequence
today
decision
always
forced
litigate
federal
habeas
defaulted
claims
knows
claims
either
validity
defaulted
claim
counsel
appointed
effectiveness
counsel
counsel
appointed
notes
many
already
provide
appointment
counsel
first
collateral
challenges
though
proves
forces
today
eminently
reasonable
fails
point
currently
counsel
raise
claim
end
matter
issue
procedurally
defaulted
virtue
today
opinion
however
cases
capital
punishment
issue
assuredly
proceed
federal
habeas
issue
whether
counsel
ineffective
failing
raise
issue
meaning
supposedly
comforting
statement
likely
attorneys
appointed
courts
qualified
perform
perform
according
prevailing
professional
norms
may
enforce
procedural
default
federal
habeas
proceedings
ante
emphasis
added
precise
said
federal
habeas
courts
finally
rejected
claims
may
enforce
procedural
default
federal
habeas
proceedings
possibly
imagine
basis
confidence
ante
put
significant
strain
state
resources
principal
escape
route
federal
habeas
existence
adequate
state
ground
whether
counsel
appointed
state
collateral
review
raises
claim
federal
habeas
review
proceed
practical
effect
may
make
much
difference
noncapital
cases
except
squandering
state
taxpayers
money
defendant
stay
prison
continuing
serve
sentence
federal
habeas
review
grinds
capital
cases
effectively
reduce
sentence
giving
defendant
many
years
live
beyond
lives
innocent
victims
whose
life
snuffed
process
federal
habeas
may
consume
guarantee
assertion
ineffective
assistance
trial
counsel
made
capital
cases
date
causing
today
holding
execution
sentence
deferred
either
claim
claim
appointed
counsel
ineffective
failing
make
claim
worked
way
federal
system
us
believe
today
holding
limited
qualification
coleman
thompson
ante
much
repudiation
longstanding
principle
governing
procedural
default
coleman
cases
consistently
applied
coleman
involved
habeas
petitioner
contention
attorney
failure
file
timely
notice
appeal
state
habeas
proceeding
resulted
procedural
default
claims
raised
proceeding
cause
excuse
default
federal
habeas
petitioner
case
contended
whether
violation
constitutional
right
effective
counsel
occurred
consequence
long
attorney
conduct
fell
short
effectiveness
standard
set
forth
strickland
see
whereas
coleman
flatly
repudiated
claim
inconsistent
precedent
see
today
majority
wholeheartedly
embraces
ante
rejection
argument
coleman
compelled
jurisprudence
pertaining
cause
excusing
procedural
default
particular
murray
carrier
see
coleman
supra
involved
failure
defendant
attorney
raise
claim
direct
appeal
failure
constitute
cause
explained
objective
factor
external
defense
emphasis
added
requirement
reflects
judgment
forced
undergo
federal
habeas
review
defaulted
claim
unless
factor
attributable
prisoner
obstructed
compliance
state
procedures
see
although
externality
requirement
north
star
jurisprudence
today
opinion
whisper
name
doubt
impossible
say
martinez
procedural
default
caused
factor
external
defense
coleman
carrier
set
forth
clear
terms
attorney
error
constitutes
external
factor
attorney
error
attorney
acts
fails
act
furtherance
litigation
acting
petitioner
agent
coleman
supra
carrier
supra
rule
inconsistent
system
representative
litigation
party
deemed
bound
acts
irwin
department
veterans
affairs
internal
quotation
marks
omitted
attorney
error
amounts
constitutionally
ineffective
assistance
counsel
error
imputed
state
state
failed
comply
constitutional
requirement
provide
effective
counsel
rendering
error
external
petitioner
coleman
supra
carrier
supra
accordingly
martinez
appears
recognize
see
brief
petitioner
cases
require
absent
determination
arizona
violated
constitution
failing
provide
effective
counsel
attorney
error
provide
cause
excuse
procedural
default
rather
apply
rule
adopts
approach
coleman
explicitly
addressed
rejected
essentially
disclaims
need
give
full
consideration
principle
stare
decisis
coleman
involve
collateral
proceeding
claim
ineffective
assistance
trial
counsel
see
ante
rather
like
saying
marbury
madison
cranch
establish
authority
review
constitutionality
new
federal
statute
involved
different
enactment
reasoning
marbury
categorical
reasoning
coleman
carrier
attorney
error
external
factor
constituting
cause
excusing
default
unless
state
constitutional
obligation
provide
effective
counsel
majority
seriously
considered
relevant
stare
decisis
factors
see
montejo
louisiana
difficulty
justifying
today
decision
escape
demands
stare
decisis
saying
rules
regarding
excuse
procedural
default
reflect
equitable
judgment
elaborated
exercise
discretion
ante
equity
lawlessness
discretion
license
cast
aside
established
jurisprudence
reaffirmed
term
see
maples
thomas
slip
negligence
part
prisoner
postconviction
attorney
qualify
quoting
coleman
supra
ourts
equity
must
governed
rules
precedents
less
courts
law
lonchar
thomas
quoting
missouri
jenkins
thomas
concurring
noticeably
absent
equitable
analysis
moreover
consideration
reason
rule
comity
respect
courts
must
accord
judgments
see
edwards
carpenter
doctrine
reflects
understanding
federal
review
defaulted
claims
may
circumvent
jurisdictional
limits
direct
review
state
interest
enforcing
laws
lee
kemna
kennedy
dissenting
quoting
coleman
supra
unlike
today
decision
carrier
coleman
took
account
significant
costs
federal
habeas
review
imposes
including
reduction
finality
litigation
frustration
sovereign
power
punish
offenders
attempts
honor
constitutional
rights
carrier
supra
quoting
engle
isaac
criminal
conviction
final
society
forgotten
crime
justifies
case
arrives
federal
habeas
state
conviction
sentence
issue
never
mind
underlying
crime
already
dim
memory
average
years
old
years
capital
cases
adhere
precedents
prevent
bad
situation
becoming
worse
ii
granted
certiorari
parties
addressed
arguments
following
question
whether
defendant
state
criminal
case
prohibited
state
law
raising
direct
appeal
claim
ineffective
assistance
trial
counsel
right
raise
claim
first
proceeding
federal
constitutional
right
effective
assistance
first
counsel
specifically
respect
claim
pet
cert
decision
answer
question
avoid
costs
constitutional
holding
imposed
avoid
need
confront
established
rule
right
counsel
collateral
proceedings
avoid
procedural
default
martinez
advocates
favor
exception
rule
prisoner
seeks
right
counsel
collateral
proceeding
argument
previously
declined
address
see
coleman
argument
quite
clearly
foreclosed
precedent
pennsylvania
finley
murray
giarratano
stated
prisoners
constitutional
right
counsel
mounting
collateral
attacks
upon
convictions
finley
supra
see
also
plurality
opinion
rule
pennsylvania
finley
apply
differently
capital
cases
noncapital
cases
kennedy
concurring
judgment
indicating
constitution
categorically
require
provide
counsel
inmates
seeking
state
habeas
review
though
finley
may
involved
claims
raised
direct
review
see
giarratano
supra
stevens
dissenting
doubt
aware
often
limit
collateral
review
process
issues
previously
litigated
argued
direct
appeal
brief
respondent
finley
giarratano
involved
class
action
filed
addressed
general
assertion
constitution
requires
appointment
counsel
collateral
attacks
capital
convictions
see
plurality
opinion
rejected
assertion
without
qualification
dissenting
opinion
made
precise
argument
martinez
asserts
state
law
claims
including
ineffective
assistance
trial
counsel
ordinarily
heard
direct
review
relegated
postconviction
proceedings
stevens
dissenting
see
also
brief
respondents
giarratano
virginia
capital
habeas
proceedings
death
row
inmates
seek
assert
claims
addressed
direct
appeal
thus
announcing
categorical
rule
finley
see
giarratano
supra
plurality
opinion
reaffirming
giarratano
knew
full
well
collateral
proceeding
may
present
first
opportunity
prisoner
raise
constitutional
claim
follow
rule
case
reject
martinez
argument
constitutional
right
counsel
collateral
proceedings
far
avoiding
consequences
constitutional
holding
imposed
today
holding
practical
matter
requires
appoint
counsel
collateral
proceedings
boot
eliminates
assurance
escaping
review
claims
appointed
counsel
fails
present
despite
protestations
contrary
decision
radical
alteration
habeas
jurisprudence
impose
considerable
economic
costs
impair
ability
provide
justice
timely
fashion
balance
strikes
finality
criminal
judgments
need
provide
review
defaulted
claims
ineffective
assistance
trial
counsel
grossly
underestimates
frequency
claims
federal
habeas
incentives
argue
since
free
pass
federal
habeas
appointed
counsel
ineffective
failing
raise
claims
balance
might
close
though
disregard
established
jurisprudence
merely
held
uncounseled
failure
raise
ineffective
assistance
trial
counsel
constitute
default
adding
rule
counseled
failure
raise
may
also
provide
excuse
creates
monstrosity
reasons
respectfully
dissent
footnotes
also
seeks
restrict
holding
cases
state
deliberately
cho
sen
move
asserted
claim
outside
process
ante
line
lacks
principled
basis
last
relevant
difference
cases
state
says
certain
claims
brought
collateral
review
cases
claims
nature
brought
collateral
review
since
manifest
appellate
process
complete
cases
establish
constitute
cause
failure
raise
issue
direct
review
excuse
must
objective
factor
external
defense
see
infra
factual
basis
claim
available
stage
less
factor
state
requiring
claim
brought
collateral
review
see
murray
carrier
asserted
limitation
makes
sense
opinion
means
state
deliberately
chos
en
move
claims
outside
process
fails
reopen
process
order
entertain
claims
radical
change
require
surely
prescribed
language
clearer
today
opinion
contains
says
establish
cause
prisoner
must
demonstrate
claim
substantial
apparently
means
claim
least
merit
see
ante
explain
substantiality
standard
comes
differs
normal
rule
prisoner
must
demonstrate
actual
prejudice
avoid
enforcement
procedural
default
see
coleman
thompson
whatever
standard
examination
adequacy
representation
substituted
summary
dismissal
reason
procedural
default
also
claims
ante
equitable
ruling
unlike
constitutional
ruling
require
reversal
state
collateral
cases
direct
review
state
courts
counsel
appointed
surely
mean
suggest
failure
appoint
counsel
collateral
review
like
unconstitutional
failure
appoint
counsel
trial
require
entire
conviction
set
aside
inconceivable
either
one
two
things
happen
either
reviewing
state
able
inquire
prejudice
improvement
federal
habeas
make
inquiry
equitable
solution
requires
else
appellate
state
remand
collateral
proceeding
counsel
said
equitable
ruling
effectively
requires
anyway
equitable
ruling
boon
see
king
cheesman
ostrom
final
technical
report
habeas
litigation
district
courts
documenting
percentage
habeas
petitions
included
claims
dismissed
various
procedural
reasons
administrative
office
courts
habeas
corpus
petitions
disposed
procedurally
period
ending
september
reporting
appeals
noncapital
habeas
cases
procedural
default
accounted
largest
percentage
procedural
dispositions
exception
denial
certificate
appealability
available
clerk
case
file
see
king
cheesman
ostrom
final
technical
report
reporting
average
interval
state
judgment
federal
habeas
filing
sample
federal
habeas
cases
filed