Whether a habeas corpus petitioner who was unrepresented in his state post-conviction proceedings, in a state which refuses to appoint counsel for such proceedings, has shown cause for his failure to pursue his claim by discretionary motion beyond the first level of state post-conviction review

QUESTION PRESENTED Alfonso Senior’s habeas corpus petition was dismissed for failure to exhaust available state court remedies because he did not seek discretionary review from the intermediate state court of appeals decision rejecting his pro se post-conviction petition claiming ineffective assistance of trial counsel. In habeas corpus proceedings, Mr. Senior argued that, under Martinez v. Ryan, his failure to exhaust was excused because he was not represented by counsel in a state that did not provide a right to counsel during post-conviction proceedings and because he had presented a substantial claim of ineffective assistance of trial counsel, i.e., he had established “cause and prejudice” for the failure to exhaust. Martinez held that a failure to exhaust post-conviction remedies may be excused if the petitioner, who can also show prejudice, was either (a) represented by ineffective counsel during state post-conviction proceedings, or (b) unrepresented at such proceedings because the state refused to provide counsel. 566 U.S. 1, 14 (2012). This Court went on to limit that holding, noting that it did not apply to “attorney errors” in other types of proceedings, including motions for discretionary review in a state supreme court. Id. at 16. This Court did not state that this limitation on its decision applied equally to pro se petitioners in states that refuse to appoint counsel. This petition presents the question left unanswered by Martinez: 1. Has a habeas corpus petitioner who was unrepresented in his state postconviction proceedings, in a state which refuses to appoint counsel for such proceedings, shown cause for his failure to pursue his claim by discretionary motion beyond the first level of state post-conviction review?