Saturday, September 29, 2012
Nancy J. King (Vanderbilt University - Law School) has posted Preview: A Preliminary Survey of Issues Raised by Martinez v. Ryan (LaFave, Israel, King & Kerr, Criminal Procedure (3d ed.), 2012-13 supplement, Forthcoming) on SSRN. Here is the abstract:
The Court’s 2012 decision in Martinez v. Ryan raises numerous issues for litigants and courts. Those issues as well as developing case law as of September 2012 are included in the discussion posted here, forthcoming as part of the 2012-2013 updates to the comprehensive treatise on criminal procedure coauthored by Professors Wayne LaFave, Jerold Israel, Nancy King, and Orin Kerr (database CRIMPROC on Westlaw).
Topics addressed include the rationale for the Martinez decision; what constitutes an “initial review collateral proceeding”; the effect of the decision on Edwards v. Carpenter; measuring the effectiveness of post-conviction counsel after Martinez; what is a “substantial” claim of trial counsel ineffectiveness; and the application of Martinez to defaults during proceedings after the “initial review collateral proceeding. ”