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October US Supreme Court Argument Calendar

The US Supreme Court argument calendar for October, the beginning of the new term, is now available.  The criminal and related cases are:

Monday, October 3Reynolds v. United States, standing to challenge rules under the Sex Offender Registration and Notification Act (SORNA).

Tuesday, October 4:  Three habeas cases:

Maples v. Thomas:  Ineffective assistance of counsel on state collateral review as cause for a procedural default.

Martinez v. Ryan: Similar to Maples.  Also whether the constitutional right to counsel extends to the first collateral review.

Howes v. Fields:  When a prisoner incarcerated for another crime is "in custody" for the purpose of Miranda.

Tuesday, October 11Greene v. Fisher:  As of what time does a federal court ask whether the law was "clearly established" as contrary to a state court decision for the purpose of federal habeas review.

Wednesday, October 12Florence v. Board of Chosen Freeholders:  Strip searches in jail.


What, if any, effect should Massaro v. US have on Martinez? Shouldn't states get to rely on the ability to shunt IAC to post-conviction relief, thereby avoiding the ripping open of 20 year old criminal judgments?

I don't think Massaro is a silver bullet in Martinez. The petitioner's position is that in jurisdictions with a Massaro-type rule, collateral review is the first review for IAC claims.

Sigh. The states should be able to rely on Massaro plus the holding that the Sixth Amendment right stops at the end of the direct appeal. If the court finds for the criminal in Martinez, I bet the states won't even get a "sorry about that."

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