No. 18-6467

Tyrone Pulley v. California

Lower Court: California
Docketed: 2018-10-29
Status: Denied
Type: IFP
IFP
Tags: appellate-counsel circuit-split habeas-corpus habeas-corpus-proceedings ineffective-assistance ineffective-assistance-of-counsel martinez-exception martinez-v-ryan procedural-default trevino-v-thaler
Latest Conference: 2019-01-04
Question Presented (from Petition)

Does the rule established in Martinez V. Ryan, 132 S.CT. 1309 (2012) and Trevino V. Thaler 133 S. CT 1911, 1921 (2013) that ineffective state appellate counsel can be seen as cause to overcome the procedural default of substantial ineffective assistance of trial counsel. Claim also applies to procedurally defaulted, but substantial, ineffective assistance of appellate counsel claims. Martinez v. Ryan held that its exception to the Coleman v. Thompson rule was limited to claims of ineffective assistance of trial counsel and that Coleman would govern in all other circumstances, which necessarily includes claims of ineffective assistance of appellate counsel. Should Martinez be overruled to the extent of that limitation, thereby extending its exception? To appellate counsel claims?

Question Presented (AI Summary)

Does the rule established in Martinez v. Ryan and Trevino v. Thaler apply to procedurally defaulted ineffective assistance of appellate counsel claims?

Docket Entries

2019-01-07
Petition DENIED.
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-09-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 28, 2018)

Attorneys

Tyrone Pulley
Tyrone Pulley — Petitioner