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Ninth Circuit Explains Martinez ‘Cause’ and ‘Prejudice’ to Excuse Procedural Default in Federal Habeas Proceeding Where Claim of IAC in State Proceedings Was Procedurally Defaulted Due to Postconviction Counsel’s Failure to Timely Raise Claim

by Douglas Ankney

The U.S. Court of Appeals for the Ninth Circuit explained the “cause and prejudice” framework of Martinez v. Ryan, 566 U.S. 1 (2012), in the context of a federal habeas proceeding where a claim of ineffective assistance of counsel at trial (“Trial IAC”) in a state ...

 

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