Issue: (1) Does this Court’s opinion in Martinez v. Ryan have any application in a jurisdiction which, under the facts of petitioner’s case, mandates that claims of ineffective assistance of counsel be raised in the course of direct appellate review; and (2) if so, does this Court’s opinion in Martinez represent an “extraordinary circumstance” which might entitle a movant to relief under Rule 60(b)(6)?
Proceedings and Orders
Jan 24 2013
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 28, 2013)
Mar 6 2013
Waiver of right of respondent Robert P. Houston, Director, Nebraska Department of Correctional Services to respond filed.
On Monday, the justices met for their September 26 conference. They issued orders from this conference on Thursday. The court granted certiorari in nine cases, consolidating two. The October sitting will begin on October 3; the argument calendar for that sitting is available on the court's website.
Bank of America Corp. v. City of Miami (1) Whether, by limiting suit to “aggrieved person[s],” Congress required that a Fair Housing Act plaintiff plead more than just Article III injury-in-fact; and (2) whether proximate cause requires more than just the possibility that a defendant could have foreseen that the remote plaintiff might ultimately lose money through some theoretical chain of contingencies.
Moore v. Texas (1) Whether it violates the Eighth Amendment and this Court’s decisions in Hall v. Florida and Atkins v. Virginia to prohibit the use of current medical standards on intellectual disability, and require the use of outdated medical standards, in determining whether an individual may be executed.
Pena-Rodriguez v. Colorado Whether a no-impeachment rule constitutionally may bar evidence of racial bias offered to prove a violation of the Sixth Amendment right to an impartial jury.
BeavEx Inc. v. Costello Whether the Federal Aviation Administration Authorization Act preempts generally-applicable state laws that force motor carriers to treat and pay all drivers as “employees” rather than as independent contractors.