Document Type
Article
Publication Title
Yale Law Journal
Publication Date
2013
ISSN
0044-0094
Page Number
2428
Keywords
habeas, procedural default, state post-conviction review, Martinez, Gideon, Strickland, ineffective assistance
Disciplines
Criminal Procedure | Law
Abstract
This Essay argues that the Court’s effort to expand habeas review of ineffective assistance of counsel claims in Martinez v. Ryan will make little difference in either the enforcement of the right to the effective assistance of counsel or the provision of competent representation in state criminal cases. Drawing upon statistics about habeas litigation and emerging case law, the Essay first explains why Martinez is not likely to lead to more federal habeas grants of relief. It then presents new empirical information about state postconviction review (cases filed, counsel, hearings, and relief rates), post-Martinez decisions, and anecdotal reports from the states to explain why, even if federal habeas grants increase, state courts and legislatures are unlikely to respond by invigorating state collateral review. The Essay concludes that alternative means, other than case-by-case postconviction review, will be needed to ensure the provision of effective assistance.
Recommended Citation
Nancy J. King,
Enforcing Effective Assistance After Martinez, 122 Yale Law Journal. 2428
(2013)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/801