Legal Opinion
Gary Sutton v. Wayne Carpenter
Court of Appeals for the Sixth Circuit
Decided March 19, 2014No. 12-6310PublishedCited by 162 opinions
1Opinion of the Court
OPINION
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’s procedural default of a claim that his trial counsel was constitutionally ineffective. We answer in the affirmative, and therefore REMAND.
I
In 1993, a Tennessee jury convicted petitioner Gary W. Sutton of premeditated first degree…
2Cases cited16 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Martinez v. RyanSupreme Court of the United States · 2012
- Trevino v. ThalerSupreme Court of the United States · 2013
- Ex Parte TorresCourt of Criminal Appeals of Texas · 1997
- Mata v. StateCourt of Criminal Appeals of Texas · 2007
11 more not listed; retrieve them via the Exa API.
3Cited by162 opinions
- Jermont Cox v. Martin HornCourt of Appeals for the Third Circuit · 2014
- Howard Atkins v. James HollowayCourt of Appeals for the Sixth Circuit · 2015
- Stephen West v. Wayne CarpenterCourt of Appeals for the Sixth Circuit · 2015
- Dentrell Brown v. Richard BrownCourt of Appeals for the Seventh Circuit · 2017
- Abu-Ali Abdur'Rahman v. Wayne CarpenterCourt of Appeals for the Sixth Circuit · 2015
157 more not listed; retrieve them via the Exa API.