Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
10-1001 | 9th Cir. | Oct 4, 2011 | Mar 20, 2012 | 7-2 | Kennedy | OT 2011 |
Holding: Where, under state law, ineffective-assistance-of-trial-counsel claims must be raised in an initial-review collateral proceeding, a procedural default will not bar a federal habeas court from hearing those claims if, in the initial-review collateral proceeding, there was no counsel or counsel in that proceeding was ineffective.
Judgment: Reversed and remanded, 7-2, in an opinion by Justice Kennedy on March 20, 2012. Justice Scalia filed a dissenting opinion, which was joined by Justice Thomas.
Merits Briefs for the Petitioner
Amicus Briefs in Support of the Petitioner
Merits Briefs for the Respondent
Amicus Briefs in Support of the Respondent