No. 18-6525

Edmund Zagorski v. Tony Mays, Warden

Lower Court: Sixth Circuit
Docketed: 2018-10-31
Status: Denied
Type: IFP
IFP
Tags: edwards-v-carpenter federal-civil-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel lockett-v-ohio martinez-rule martinez-v-rule post-conviction-relief procedural-default
Latest Conference: N/A
Question Presented (from Petition)

Under Edwards v. Carpenter, 529 U.S. 446 (2000), may a federal habeas corpus petitioner invoke the rule of Martinez v. Ryan, 566 U.S. 1 (2012) to show that the ineffectiveness of post-conviction counsel provides "cause" for the procedural default of an ineffective-assistance-of-trial counsel argument argued as "cause" for the procedural default of a substantive constitutional claim? See also Edwards, 529 U.S. at 458 (Breyer, J., concurring)(outlining two-layer cause analysis applicable when a "cause" argument is itself defaulted)

May a federal habeas corpus petitioner use Fed.R.Civ.P. 60(b) to overcome the procedural default of a substantive constitutional claim by arguing that s/he has "cause" under Martinez for the default of an ineffective-assistance-of-trial-counsel argument argued as "cause" for the default of that constitutional claim?

Is Edmund Zagorski entitled to relief from judgment under Fed.R.Civ.P. 60(b)(6) in this capital case, and/or did the District Court abuse its discretion in denying relief, especially where Mr. Zagorski has a meritorious claim for relief under Lockett v. Ohio, 438 U.S. 586 (1978)? See Zagorski v. Mays, slip op. at 10-15 (Cole, C.J., dissenting)(concluding that Zagorski is entitled to relief from judgment); Compare Buck v. Davis, 580 U.S. ___ (2017)(lower courts abused discretion in denying Rule 60(b)(6) relief in capital case).

Question Presented (AI Summary)

Whether a federal habeas corpus petitioner can invoke the rule of Martinez v. Ryan to show that the ineffectiveness of post-conviction counsel provides 'cause' for the procedural default of an ineffective-assistance-of-trial counsel argument argued as 'cause' for the procedural default of a substantive constitutional claim

Docket Entries

2018-11-01
Application (18A465) referred to the Court.
2018-11-01
Petition DENIED.
2018-11-01
Application (18A465) denied by the Court.
2018-11-01
Brief of respondent Tony Mays in opposition filed.
2018-11-01
Reply of applicant Edmund Zagorski filed.
2018-11-01
Reply of petitioner Edmund Zagorski filed.
2018-10-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 30, 2018)
2018-10-31
Application (18A465) for a stay of execution of sentence of death, submitted to Justice Kagan.

Attorneys

Edmund Zagorski
Paul Rudolph BotteiOffice of the Federal Public Defender, Petitioner
Tony Mays
John Henry Bledsoe IIIOffice of Tennessee Attorney General, Respondent