No. 19-7816

Terry Gay v. Shawn Foster, Warden, et al.

Lower Court: Tenth Circuit
Docketed: 2020-03-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: collateral-review constitutional-entitlement due-process evidentiary-development fourteenth-amendment habeas-corpus ineffective-assistance martinez-v-ryan state-courts
Key Terms:
DueProcess HabeasCorpus Securities
Latest Conference: 2020-03-27
Question Presented (AI Summary)

Under the standards set by this Court in Martinez v. Ryan, must a U.S. District Court allow evidentiary development of a fact-based claim of ineffective assistance of trial counsel, if the state courts have failed to do so?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED , 1) Under the standards set by this Court in Martinez v. Ryan, 132 S.Ct. 1309 (2012), must a U.S. District Court allow evidentiary development of a factbased claim of ineffective assistance of trial counsel, if the state courts have failed to do so? 2) When a state regulates claims of constitutional entitlement to its collateral review venue, does it violate a Defendant's Fourteenth Amendment due process . xights when it fails to allow development of those claims in the state courts? i.

Docket Entries

2020-03-30
Petition DENIED.
2020-03-12
DISTRIBUTED for Conference of 3/27/2020.
2020-03-04
Waiver of right of respondent Shawn Foster, et al. to respond filed.
2020-02-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2020)

Attorneys

Shawn Foster, et al.
L. Andrew CooperOffice of the Colorado Attorney General, Respondent
L. Andrew CooperOffice of the Colorado Attorney General, Respondent
Terry Gay
Terry Gay — Petitioner
Terry Gay — Petitioner