Sean P. Reilly v. Mark S. Inch, Secretary, Florida Department of Corrections
HabeasCorpus
Does a federal habeas petitioner forfeit his or her opportunity to invoke Martinez v. Ryan, 182 S. Ct. 1309 (2012), and bring forth an otherwise unexhausted ineffective assistance of trial counsel claims in a § 2254 petition, where the Petitioner initially raised the claim in a state post-conviction motion, but appointed post-conviction counsel later abandoned the claim over the petitioner's express objection?
QUESTION PRESENTED 1. Does a federal habeas petitioner forfeit his or her opportunity to invoke Martinez v. Ryan, 182 S. Ct. 1309 (2012), and bring forth an otherwise unexhausted ineffective assistance of trial counsel claims in a § 2254 petition, where the Petitioner initially raised the claim in a state post-conviction motion, but appointed postconviction counsel later abandoned the claim over the petitioner’s express objection? ii