Death Penalty Information Center | Trevino v Thaler

” … On May 28, the U.S. Supreme Court ruled (5-4) in Trevino v. Thaler that a death row inmate in Texas can raise claims of ineffective counsel for the first time in federal court if they were unable to raise the claim in state appeals. The Court decided that its ruling in Martinez v. Ryan(2012), which provided such a right in an Arizona case, applies to this case in Texas because the “state procedural framework, by reason of its design and operation, makes it highly unlikely in a typical case that a defendant will have a meaningful opportunity to raise a claim of ineffective assistance of trial counsel on direct appeal.” In Martinez v. Ryan, the Supreme Court ruled that “procedural default will not bar a federal habeas court from hearing a substantial claim of ineffective assistance at trial if, in the initial-review collateral proceeding, there was no counsel or counsel in that proceeding was ineffective.”  [SUPREME COURT RULING EXPANDS OPPORTUNITIES FOR FEDERAL REVIEW OF INEFFECTIVE ASSISTANCE CLAIMS]

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