No. 19-1023

Donnie Morgan, Warden v. Vincent D. White, Jr.

Lower Court: Sixth Circuit
Docketed: 2020-02-18
Status: Denied
Type: Paid
Amici (1)Response RequestedRelisted (2) Experienced Counsel
Tags: actual-prejudice cause-and-prejudice circuit-split federal-court-review habeas habeas-corpus habeas-relief ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan procedural-default state-postconviction-counsel
Key Terms:
Securities
Latest Conference: 2020-05-28 (distributed 2 times)
Related Cases: 19-8117 (Vide)
Question Presented (AI Summary)

Whether a federal court may excuse a procedural default of an ineffective-assistance-of-trial-counsel claim with 'some merit' under Martinez v. Ryan without requiring any further showing of prejudice

Question Presented (OCR Extract)

QUESTION PRESENTED The procedural-default doctrine bars federal courts from awarding habeas relief for claims “that a state court refused to hear based on an adequate and independent state procedural ground.” Davila v. Davis, 187 S. Ct. 2058, 2062 (2017). Federal courts may excuse a procedural default only if the petitioner “can establish ‘cause’ to excuse the procedural default and demonstrate that he suffered actual prejudice from the alleged error.” Jd. (emphasis added). In Martinez v. Ryan, 566 U.S. 1 (2012), the Supreme Court held that petitioners can, in narrow circumstances, establish “cause” by showing that the absence or ineffective performance of counsel caused them to procedurally default an claim that had “some merit.” Id. at 14. This case presents the following question: If a petitioner defaults an _ claim with “some merit,” does Martinez v. Ryan allow a federal court to excuse the procedural default without requiring any further showing of prejudice?

Docket Entries

2020-06-01
Petition DENIED.
2020-05-12
DISTRIBUTED for Conference of 5/28/2020.
2020-05-05
Letter waiving 14-day waiting period pursuant to Rule 15.5 filed by counsel for petitioner.
2020-05-05
Reply of petitioner Donnie Morgan, Warden filed.
2020-05-04
Response to petition from respondent Vincent White filed.
2020-05-04
Motion for leave to proceed in forma pauperis filed by respondent Vincent White.
2020-04-29
Response Requested. (Due May 29, 2020)
2020-04-15
DISTRIBUTED for Conference of 5/1/2020.
2020-03-19
Brief amici curiae of State of Indiana, et al. filed.
2020-03-06
Blanket Consent filed by Respondent, Vincent D. White, Jr.
2020-02-13
Petition for a writ of certiorari filed. (Response due March 19, 2020)

Attorneys

State of Indiana
Thomas M. Fisher — Amicus
Vincent White
Charles Mark Pickrell — Respondent
Warden, Ross Correctional Institution
Benjamin Michael FlowersOhio Attorney General Dave Yost, Petitioner