No. 20-26

Wesley Ira Purkey v. United States, et al.

Lower Court: Seventh Circuit
Docketed: 2020-07-15
Status: Denied
Type: Paid
Experienced Counsel
Tags: capital-punishment collateral-review federal-capital-prisoners federal-prisoners ineffective-assistance ineffective-assistance-of-counsel martinez-v-ryan post-conviction procedural-default trevino-v-thaler trial-counsel
Key Terms:
SocialSecurity DueProcess HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: N/A
Question Presented (AI Summary)

Whether federal capital prisoners whose substantial claims of ineffective assistance of trial counsel were defaulted by ineffective § 2255 counsel may seek review of such claims

Question Presented (OCR Extract)

QUESTION PRESENTED In Martinez v. Ryan, 566 U.S. 1 (2012), and Trevino v. Thaler, 569 U.S. 418 (2013), this Court held that, for a state prisoner whose first opportunity to raise a claim of ineffective assistance of trial counsel is in an initial collateral-review proceeding, procedural default will not bar review of those claims in proceedings pursuant to 28 U.S.C. § 2254 when that default was the result of ineffective assistance of initial collateral-review counsel. Like the state prisoners in Martinez and Trevino, a federal capital prisoner generally cannot raise a claim of ineffective assistance of trial counsel on direct review; his first opportunity to raise such claims is on a motion under 28 U.S.C. § 2255. See Massaro v. United States, 538 U.S. 500, 508 (2003). To ensure that these claims are adequately developed and presented, federal capital prisoners are guaranteed counsel through postconviction proceedings. 18 U.S.C. § 3599. The question presented is: Whether and by what procedural mechanism federal capital prisoners who are in the analogous position of the state prisoners in Martinez and Trevino—i.e., whose substantial claims of ineffective assistance of trial counsel were defaulted by ineffective § 2255 counsel—may seek review of such claims. @

Docket Entries

2020-07-16
Application (20A12) referred to the Court.
2020-07-16
Petition DENIED.
2020-07-16
Application (20A12) denied by the Court.
2020-07-15
Petition for a writ of certiorari filed. (Response due August 14, 2020)
2020-07-15
Application (20A12) for a stay of execution of sentence of death, submitted to Justice Kavanaugh.
2020-07-15
Brief of respondents United States, et al. in opposition filed.

Attorneys

Warden of USP Terra Haute, United States of America
Jeffrey B. WallActing Solicitor General, Respondent
Wesley Ira Purkey
Alan Evan SchoenfeldWilmer, Cutler, Pickering, Hale and Dorr, LLP, Petitioner