No. 18-7603

Raymond Zayas v. Jamey Luther, Superintendent, State Correctional Institution at Laurel Highlands, et al.

Lower Court: Third Circuit
Docketed: 2019-01-28
Status: Denied
Type: IFP
IFP
Tags: certificate-of-appealability civil-rights crawford-claim due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-exception martinez-v-ryan procedural-default sixth-amendment
Latest Conference: 2019-03-29
Question Presented (from Petition)

When Petitioner's Crawford v. Washington claim was procedurally defaulted by trial counsel and initial post conviction counsel failed to raise an ineffectiveness of trial counsel claim, and Petitioner relied on Martinez v. Ryan to establish "cause" for this default, but the Third Circuit failed to address Martinez v. Ryan in ruling on Petitioner's application for a Certificate of Appealability;

Whether this Court should vacate the Third Circuit's Order denying a Certificate of Appealability and remand so the Third Circuit can apply Martinez v. Ryan to Petitioner's claim?

Question Presented (AI Summary)

Whether this Court should vacate the Third Circuit's Order denying a Certificate of Appealability and remand so the Third Circuit can apply Martinez-v-Ryan to Petitioner's claim?

Docket Entries

2019-04-01
Petition DENIED.
2019-03-14
DISTRIBUTED for Conference of 3/29/2019.
2019-01-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 27, 2019)

Attorneys

Raymond Zayas
Raymond Zayas — Petitioner