Renee Knake (Michigan State) on whom we have come to rely to keep us p to date on the U.S. Supreme Court's review of cases involving the "law of lawyering" has done it again - reviewing seven cases on which cert has already been granted. Here are capsules of the two to be argued this Tuesday. For the balance click on Legal Ethics Forum: - GWC"
Maples v. Thomas. In Maples (otherwise known as the mailroom mix-up case), the Court will consider whether a death row prisoner's failure to appeal a decision because it was sent to his attorneys at an address where they no longer worked constitutes cause to excuse procedural default.
Martinez v. Ryan. This case questions whether a criminal defendant, prohibited under state law from raising an ineffective assistance claim on direct appeal but allowed to raise the claim in a first post-conviction proceeding, has a federal constitutional right to effective assistance from his first post-conviction counsel's handling of his ineffective-assistance-of-trial-counsel claim. Steve Vladeck offers a helpful summary over on SCOTUSblog, link here."Maples v. Thomas. In Maples (otherwise known as the mailroom mix-up case), the Court will consider whether a death row prisoner's failure to appeal a decision because it was sent to his attorneys at an address where they no longer worked constitutes cause to excuse procedural default.
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