Paul E. Pavulak v. Warden, FMC Butner
HabeasCorpus
May a federal prisoner seeking review of a defaulted claim of ineffective assistance of trial counsel seek postconviction review under 28-U.S.C-§-2241, through the escape hatch in 28-U.S.C-§-2255(e)
QUESTION PRESENTED May a federal prisoner seeking review of a defaulted claim of ineffective assistance of trial counsel seek postconviction review under 28 U.S.C. § 2241, through the escape hatch in 28 U.S.C. § 2255(e), when either the absence or ineffective assistance of postconviction counsel before the sentencing court is the reason for the default? Put another way, may federal prisoners take advantage of the equitable exception described for state prisoners in Martinez v. Ryan, 566 U.S. 1 (2012), and Trevino v. Thaler, 569 U.S. 413 (2013), on the ground that absence or ineffective assistance of postconviction counsel renders the § 2255 remedy “inadequate or ineffective to test the legality of” a federal prisoner’s detention?