No. 18-7540

David Dewayne Riley v. Alabama

Lower Court: Alabama
Docketed: 2019-01-24
Status: Denied
Type: IFP
IFP
Tags: capital-post-conviction-proceedings capital-proceedings collateral-review death-penalty death-sentence effective-assistance-of-counsel ineffective-assistance martinez-v-ryan murray-v-giarratano post-conviction-counsel precedent state-court
Key Terms:
HabeasCorpus
Latest Conference: 2019-05-09
Question Presented (AI Summary)

Should this Court revisit its precedent to consider whether death-sentenced inmates are entitled to the effective assistance of counsel on initial collateral review in state court?

Question Presented (from Petition)

QUESTION PRESENTED David Riley filed a pro se state post-conviction petition because, unlike every other state, Alabama does not provide counsel to death-sentenced inmates to file collateral attacks to their capital convictions. The trial court appointed an attorney for Mr. Riley, and the sum total of that attorney’s actions were to visit Mr. Riley once and read aloud from his pro se pleading at an “evidentiary” hearing where she put on no evidence, while telling the court that she did not know how to prove Mr. Riley’s case. The Alabama courts held that because this Court’s precedent concluded that Mr. Riley was not entitled to post-conviction counsel, he was not entitled to effective assistance of such counsel; therefore, he was not entitled to new capital post-conviction proceedings. Should this Court revisit its precedent to consider whether deathsentenced inmates are entitled to the effective assistance of counsel on initial collateral review in state court? i

Docket Entries

2019-05-13
Petition DENIED.
2019-04-24
DISTRIBUTED for Conference of 5/9/2019.
2019-04-24
Reply of petitioner David Riley filed. (Distributed)
2019-04-10
Brief of respondent State of Alabama in opposition filed.
2019-03-21
Motion to extend the time to file a response is granted and the time is further extended to and including April 10, 2019.
2019-03-18
Motion to extend the time to file a response from March 27, 2019 to April 10, 2019, submitted to The Clerk.
2019-02-04
Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2019.
2019-01-30
Motion to extend the time to file a response from February 25, 2019 to March 27, 2019, submitted to The Clerk.
2019-01-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 25, 2019)
2018-11-14
Application (18A509) granted by Justice Thomas extending the time to file until January 21, 2019.
2018-11-08
Application (18A509) to extend the time to file a petition for a writ of certiorari from November 22, 2018 to January 21, 2019, submitted to Justice Thomas.

Attorneys

David Riley
John Anthony PalombiFederal Defenders, Petitioner
John Anthony PalombiFederal Defenders, Petitioner
State of Alabama
Beth Jackson HughesOffice of the Attorney General, Respondent
Beth Jackson HughesOffice of the Attorney General, Respondent