738 F.3d 915
8th Cir.2013Background
- Ward pled nolo contendere to rape and second-degree sexual abuse in Arkansas court and was sentenced to prison.
- Ward did not pursue post-conviction relief under Rule 37; subsequently filed a state habeas petition alleging ineffective assistance of trial counsel.
- Arkansas circuit court denied the state habeas petition; no record of an appeal.
- Ward then filed federal habeas petition alleging ineffective assistance of trial counsel (parole eligibility and investigation).
- District court found procedural default and lack of merit, but granted a certificate of appealability on the procedural-default question.
- Eighth Circuit held the certificate was improvidently granted and dismissed the appeal for lack of substantial showing of a constitutional violation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the certificate of appealability was properly granted | Ward argues the district court’s procedural-default ruling should be reviewable on appeal. | State argues COA was appropriate on the procedural issue. | Certificate improvidently granted; appeal dismissed. |
| Whether Ward procedurally defaulted his ineffective-assistance claims | Ward contends Martinez relief may excuse default on the merits. | State asserts Ward failed to raise claims in state post-conviction proceedings. | No substantial showing of denial of a constitutional right; default not cured. |
| Whether Ward can prevail on ineffective-assistance claims on the merits | Ward alleges counsel failed to investigate and misadvised about parole, affecting plea. | State contends any alleged deficiencies were not prejudicial given record and plea conduct. | No reasonable probability that plea would have been different; claims without merit. |
Key Cases Cited
- Hill v. Lockhart, 474 F.3d 52 (U.S. 1985) (reasonable probability that but-for counsel’s errors, would have gone to trial)
- Khaimov v. Crist, 297 F.3d 783 (8th Cir. 2002) (test for certificate of appealability requires debatable issues)
- Slack v. McDaniel, 529 U.S. 473 (U.S. 2000) (two-prong test for granting COA on procedural default)
- Martinez v. Ryan, 132 S. Ct. 1309 (U.S. 2012) (equitable relief for procedurally defaulted claims in some circumstances)