Terry Gay v. Shawn Foster, Warden, et al.
DueProcess HabeasCorpus Securities
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(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.