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Martinez v. Ryan - Post-Decision SCOTUScast

SCOTUScast 04-10-12 featuring Ward Campbell

April 10, 2012

Ward Campbell

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  Martinez v. Ryan - Post-Decision SCOTUScast - MP3
Running Time: 00:14:15

Ward CampbellOn March 20, 2012  the Supreme Court announced its decision in Martinez v. Ryan.  The question in this case was whether the failure of a state prisoner’s attorney to raise, in state collateral review proceedings, a claim of ineffective assistance of counsel at trial bars a federal court from considering the claim on subsequent federal habeas review.

In an opinion delivered by Justice Kennedy, the Court held by a vote of 7-2 that such a “procedural default” does not bar a federal habeas court from considering a substantial claim of ineffective assistance at trial if, in the initial collateral review proceeding, there was no counsel or counsel in that proceeding was ineffective. The Court therefore reversed the lower court’s ruling to the contrary and remanded the case for further proceedings.  Justice Kennedy’s opinion for the Court was joined by the Chief Justice and Justices Ginsburg, Breyer, Alito, Sotomayor, and Kagan.  Justice Scalia filed a dissenting opinion, which was joined by Justice Thomas.

To discuss the case, we have Ward Campbell, who is the Supervising Deputy Attorney General at the California Department of Justice.

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Related Links

Opinion - March 20, 2012 (PDF)
Oral Argument Transcript - October 4, 2012 (PDF)

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