mardi 28 mai 2013

Opinion favorable de la cour supreme vote 5 contre 4 Trevino v. Thaler (Martinez v. Ryan) Texas

In Trevino v. Thaler  in an opinion by Justice Breyer (but announced by Justice Kennedy, because Justice Breyer was absent), the Court held by a vote of five to four that when a state’s procedural framework, by reason of its design and operation, makes it highly unlikely in a typical case that a defendant will have a meaningful opportunity to raise on direct appeal a claim that his trial counsel provided ineffective assistance, the good cause exception recognized in Martinez v. Ryan applies.

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