No. 21-6151

Gary DuBose Terry v. Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, et al.

Lower Court: Fourth Circuit
Docketed: 2021-11-02
Status: Denied
Type: IFP
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
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.
William Edgar Salter IIISouth Carolina Attorney General's Office, Respondent
Gary D. Terry
Hannah Lyon FreedmanJustice 360, Petitioner