MARTINEZ v. RYAN

No. 10-1001.

132 S.Ct. 1309 (2012)

182 L.Ed.2d 272

Luis Mariano MARTINEZ, Petitioner v. Charles L. RYAN, Director, Arizona Department of Corrections.

Supreme Court of United States.

Decided March 20, 2012.


Attorney(s) appearing for the Case

Robert D. Bartels , Tempe, AZ, for Petitioner.

Kent E. Cattani , Phoenix, AZ, for Respondent.

Jeffrey B. Wall , for United States as amicus curiae.

Robert Bartels , Counsel of Record, Sandra Day, Tempe, AZ, for Petitioner.

Thomas C. Horne , Attorney General, David R. Cole , Solicitor General, Kent E. Cattani , Chief Counsel, Criminal Appeals/Capital Litigation Division, Michael T. O'Toole , Assistant Attorney General (Counsel of Record), Phoenix, AZ, for Respondent.

Robert Bartels , Counsel of Record, Sandra Day, Tempe, AZ, for Petitioner.


Justice KENNEDY delivered the opinion of the Court.

The State of Arizona does not permit a convicted person alleging ineffective assistance of trial counsel to raise that claim on direct review. Instead, the prisoner must bring the claim in state collateral proceedings. In the instant case, however, petitioner's postconviction counsel did not raise the ineffective-assistance claim in the first collateral proceeding, and, indeed, filed a statement that, after reviewing...

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