No. 12-6310.

745 F.3d 787 (2014)

Gary Wayne SUTTON, Petitioner-Appellant, v. Wayne CARPENTER, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

March 19, 2014.

Attorney(s) appearing for the Case

ON BRIEF: Susanne Bales , Federal Defender Services, Knoxville, Tennessee, for Appellant. Andrew Hamilton Smith , Office the Tennessee Attorney General, Nashville, Tennessee, for Appellee.

Before: MOORE, WHITE, and DONALD, Circuit Judges.


HELENE N. WHITE, Circuit Judge.

The question is whether Martinez v. Ryan, ___ U.S. ___, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012), and Trevino v. Thaler, ___ U.S. ___, 133 S.Ct. 1911, 185 L.Ed.2d 1044 (2013), permit a habeas petitioner challenging a Tennessee conviction to assert the ineffective assistance of post-conviction counsel as "cause" to excuse the petitioner...

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