No. 21-6151
Gary DuBose Terry v. Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, et al.
IFP
Tags: civil-rights due-process habeas-corpus ineffective-assistance martinez-exception martinez-v-ryan post-conviction-review summary-judgment trial-counsel
Key Terms:
HabeasCorpus Punishment
HabeasCorpus Punishment
Latest Conference:
2022-01-07
Question Presented (from Petition)
In determining whether a federal habeas petitioner's pleadings and supporting documents have alleged a substantial but defaulted claim of ineffective assistance of trial counsel that satisfies Martinez v. Ryan's "cause" standard, may a district court summarily dismiss the petition by drawing factual inferences against the petitioner without holding an evidentiary hearing?
Question Presented (AI Summary)
Whether a federal habeas court may summarily dismiss a petition alleging a substantial but defaulted claim of ineffective assistance of trial counsel under Martinez v. Ryan without holding an evidentiary hearing
Docket Entries
2022-01-10
Petition DENIED.
2021-12-16
DISTRIBUTED for Conference of 1/7/2022.
2021-12-14
Reply of petitioner Gary D. Terry filed. (Distributed)
2021-12-01
Brief of respondents Bryan Stirling, et al. in opposition filed.
2021-10-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 2, 2021)
Attorneys
Bryan Stirling, et al.
Gary D. Terry
Hannah Lyon Freedman — Justice 360, Petitioner