Gary Sutton v. Wayne Carpenter
2014 U.S. App. LEXIS 5101
| 6th Cir. | 2014Background
- Sutton convicted in 1993 of murder and felonious burning; life sentence plus two-year term.
- Trial counsel represented Sutton through direct appeal; new counsel later filed post-conviction petition.
- Sutton's federal habeas petition (2007) included trial-counsel-ineffectiveness claims raised for the first time.
- District court held post-conviction claims procedurally defaulted under state rules and denied relief.
- Martinez v. Ryan held post-conviction counsel ineffectiveness can excuse procedural default where state law bars direct appeal claims; Trevino extended this where direct appeal is unlikely to raise such claims.
- Court remanded/sought briefing to decide whether Trevino applies to Tennessee, ultimately holding it does.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Trevino applies Martinez to Tennessee | Sutton: Trevino extends Martinez to Tennessee. | Respondent: Tennessee similar to Texas; Trevino applies. | Yes; Trevino extends Martinez to Tennessee. |
| Whether post-conviction counsel ineffectiveness can excuse defaulted trial-counsel claims | Sutton: post-conviction counsel can establish cause. | Sutton: Tennessee procedures permit direct review but are still challenging. | Post-conviction counsel ineffectiveness can establish cause in Tennessee. |
Key Cases Cited
- Martinez v. Ryan, 132 S. Ct. 1309 (2012) (post-conviction counsel ineffectiveness can excuse procedural default)
- Trevino v. Thaler, 133 S. Ct. 1911 (2013) (extends Martinez where direct appeal unlikely to raise claims)
- Coleman v. Thompson, 501 U.S. 722 (1991) (defaulted claims generally not excused by attorney error in state habeas)