No. 19-770

Jason C. Underwood v. Shawn Phillips, Warden

Lower Court: Sixth Circuit
Docketed: 2019-12-16
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: certificate-of-appealability habeas-corpus habeas-corpus-relief ineffective-assistance-of-counsel martinez-exception martinez-v-ryan procedural-default sixth-amendment sixth-circuit-review trevino-v-thaler
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether the District Court properly interpreted Underwood's Martinez v. Ryan claims when his state post-conviction counsel and trial counsel were ineffective

Question Presented (OCR Extract)

QUESTIONS PRESENTED This Court’s decisions in Martinez v. Ryan, 566 U.S. 1 (2012), and Trevino v. Thaler, 133 S. Ct. 1911 (2018) held that state prisoners whose states prevented them from raising an ineffective assistance of trial counsel claim on direct appeal were not procedurally defaulted from raising the ineffective assistance of trial counsel claim in a § 2254 petition, if they were unrepresented or had ineffective assistance of counsel during state post-conviction relief proceedings. Relying on its recent decision in Martinez, this Court held in Trevino that “the failure to consider a lawyer’s ineffectiveness during an initial-review collateral proceeding as a potential ‘cause’ for excusing a procedural default will deprive the defendant of any opportunity at all for review of an_ claim.” 133 S. Ct. at 1921. In the decision below, App. 7a-8a, the District Court incorrectly found Underwood’s claims of ineffective assistance of postconviction counsel were meritless and could not be the basis for habeas corpus relief. This case presents the following questions: 1. Whether the District Court properly interpreted Underwood’s Martinez v. Ryan claims when his state post-conviction counsel and trial counsel were ineffective. 2. Whether the Sixth Circuit erred in affirming the decision of the District Court and denying Underwood a Certificate of Appealability.

Docket Entries

2020-02-24
Petition DENIED.
2020-01-15
DISTRIBUTED for Conference of 2/21/2020.
2019-12-23
Waiver of right of respondent Shawn Phillips, Warden to respond filed.
2019-12-11
Petition for a writ of certiorari filed. (Response due January 15, 2020)

Attorneys

Jason Underwood
Robert L. Sirianni Jr.Brownstone, P.A., Petitioner
Robert L. Sirianni Jr.Brownstone, P.A., Petitioner
Shawn Phillips, Warden
John Henry Bledsoe IIIOffice of Tennessee Attorney General, Respondent
John Henry Bledsoe IIIOffice of Tennessee Attorney General, Respondent