Authors Leah Litman
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Shinn v. Ramirez, & ... it's bad. #SCOTUS holds that a federal court may not conduct an evidentiary hearing in proceedings to challenge a conviction if the evidence was not developed in state court because state post-conviction counsel was
UGH UGH UGH. The upshot of this decision: If the state appoints you a lawyer who is constitutionally ineffective at your trial; and then appoints you ANOTHER lawyer who is constitutionally ineffective to argue your trial lawyer was ineffective ... you're screwed.
This is just a horrific decision that will close the Martinez exception that allowed litigants to enforce the 6th amendment right to counsel.
https://t.co/RSzCJcst6N
What Justice Sotomayor says:
UGH UGH UGH. The upshot of this decision: If the state appoints you a lawyer who is constitutionally ineffective at your trial; and then appoints you ANOTHER lawyer who is constitutionally ineffective to argue your trial lawyer was ineffective ... you're screwed.
This is just a horrific decision that will close the Martinez exception that allowed litigants to enforce the 6th amendment right to counsel.
https://t.co/RSzCJcst6N
This is a really good policy if you want to keep innocent people in prison on a technicality https://t.co/RJwF9SoU3d
— Andrew Fleischman (@ASFleischman) May 23, 2022
What Justice Sotomayor says:
