No. 18-8337

David Michael Decker v. Garrett Laney, Superintendent, Oregon State Correctional Institution

Lower Court: Ninth Circuit
Docketed: 2019-03-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2254 actual-innocence deficient-performance habeas-corpus ineffective-assistance ineffective-assistance-of-counsel martinez-standard martinez-v-ryan post-conviction post-conviction-proceedings post-conviction-relief strickland-analysis strickland-v-washington
Key Terms:
HabeasCorpus
Latest Conference: 2019-04-12
Question Presented (from Petition)

Whether an initial post-conviction attorney's failure to raise a substantial claim of ineffective assistance of counsel could be considered reasonable under a Martinez v. Ryan, 566 Us 1 (2012), analysis thereby precluding relief under 28 Usc §2254.

Whether trial counsel's failure to request a lesser-included jury instruction based on an ignorant or incorrect knowledge of the relevant statutory law falls within the meaning of "deficient performance" under Strickland v. Washington, 466 Us 668 (1984).

Whether Mr. Decker's claim of actual innocence warranted relief under 28 USC § 2254.

Question Presented (AI Summary)

Whether an initial post-conviction attorney's failure to raise a substantial claim of ineffective assistance of counsel could be considered reasonable under a Martinez v. Ryan, 566 US 1 (2012), analysis thereby precluding relief under 28 USC §2254

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-20
Waiver of right of respondent Garrett Laney, Supt. OR to respond filed.
2019-02-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2019)
2019-01-31
Application (18A791) granted by Justice Kagan extending the time to file until February 22, 2019.
2018-12-20
Application (18A791) to extend the time to file a petition for a writ of certiorari from December 24, 2018 to February 22, 2019, submitted to Justice Kagan.

Attorneys

David M. Decker
David Michael Decker — Petitioner
Garrett Laney, Supt. OR
Benjamin Noah GutmanOregon Department of Justice, Respondent