Petitions of the week
on May 2, 2019 at 9:36 am
This week we highlight petitions pending before the Supreme Court that address the circumstances under which a party that physically supplies a vessel with fuel or other necessaries possesses a statutory maritime lien; when absolute immunity shields a prosecutor’s handling of post-conviction DNA testing under Imbler v. Pachtman; and whether Martinez v. Ryan and Trevino v. Thaler apply to ineffective-assistance-of-trial-counsel claims that were technically raised in state habeas proceedings, but were unsubstantiated because of the ineffective assistance of state habeas counsel.
The petitions of the week are:
Issue: Whether Martinez v. Ryan and Trevino v. Thaler apply to ineffective-assistance-of-trial-counsel claims that were technically raised in state habeas proceedings but went wholly unsubstantiated due to the ineffective assistance of state habeas counsel.
Issue: Whether absolute immunity shields a prosecutor’s unconstitutional handling of post-conviction DNA testing under Imbler v. Pachtman when the prosecutor’s personal involvement with legal proceedings has ended, there is no ongoing judicial proceeding in which the prosecutor could function as an advocate, and all existing direct and collateral post-conviction appeals have been exhausted.
Issue: Whether a party that physically supplies a vessel with fuel or other necessaries possesses a statutory maritime lien when the vessel owner or its authorized agent ordered those necessaries and directed the supplier to provide them, regardless of contractual relationships between the vessel owner and intermediate parties.
Issue: Whether a party that physically supplies a vessel with fuel or other necessaries possesses a statutory maritime lien when the vessel owner or its authorized agent ordered those necessaries and directed the supplier to provide them, regardless of contractual relationships between the vessel owner and intermediate parties.
