David Michael Decker v. Garrett Laney, Superintendent, Oregon State Correctional Institution
HabeasCorpus
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
Questions Presented (1) 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. (2) 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). (3) Whether Mr. Decker’s claim of actual innocence warranted relief under 28 USC § 2254.