792 F.3d 654
6th Cir.2015Background
- In 2000, 16-year-old Howard Atkins killed his step-father with a baseball bat after threats and claimed self-defense; police found no gun. He was transferred to adult court, convicted of premeditated first-degree murder, and sentenced to life with parole eligibility.
- Atkins did not raise ineffective-assistance-of-counsel (IAC) claims on direct appeal. He later filed state post-conviction proceedings raising some IAC claims; the state court denied relief and Atkins did not exhaust all claims on appeal.
- In federal habeas (28 U.S.C. § 2254), Atkins alleged multiple instances of ineffective assistance of juvenile counsel (IAJC) at the transfer hearing and multiple ineffective-assistance-of-trial-counsel (IATC) claims at trial. The district court dismissed all but one claim as procedurally defaulted and held Martinez did not help because there is no right to effective post-conviction counsel.
- The Sixth Circuit granted a COA on whether Atkins could show cause and prejudice to excuse procedural default based on post-conviction counsel’s ineffectiveness.
- The panel reviewed relevant Supreme Court and Sixth Circuit authority (Martinez, Trevino, Sutton) on whether ineffective assistance of initial-review post-conviction counsel can establish cause to excuse procedural default of IATC claims in states that channel such claims to collateral review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ineffective assistance of initial post-conviction counsel can establish cause to excuse procedural default of IATC claims in Tennessee | Atkins: Martinez/Trevino and Sutton permit excusing defaults because Tennessee effectively requires IATC claims to be raised in collateral proceedings and his post-conviction counsel was ineffective | Warden: No constitutional right to effective counsel in post-conviction proceedings; Martinez exception does not apply here | Court: In part for Atkins — Martinez/Trevino/Sutton apply to many of Atkins’s IATC claims; remand to determine (1) if post-conviction counsel was ineffective, (2) whether each IATC claim is "substantial," and (3) prejudice; reversed and remanded as to most IATC claims |
| Whether Martinez/Trevino framework extends to ineffective-assistance claims arising from juvenile transfer proceedings (IAJC) | Atkins: No logical distinction between trial and transfer IAC; transfer is a critical stage so Martinez principles should apply | Warden: Martinez is limited to IATC claims; its rationale (bedrock right to effective trial counsel and state procedures channeling IATC to collateral review) does not extend to transfer hearings | Court: Declined to extend Martinez to IAJC; Martinez/Trevino limited to IATC; IAJC claims not excused under that framework and remain defaulted |
| Whether claims raised on initial state collateral review are covered by Martinez/Trevino exception when appellate collateral counsel erred | Atkins: Post-conviction appellate counsel’s errors should excuse default | Warden: Martinez/Trevino apply only to initial-review collateral proceedings; errors at later post-conviction appellate stages do not qualify | Court: Agreed with warden; claims Atkins actually raised in initial collateral proceeding (and adjudicated there) cannot be excused for failure to appeal by blaming appellate collateral counsel; those claims remain procedurally defaulted |
| Remedy and next steps | Atkins: COA indicates claims are substantial and should be remanded for merits | Warden: District court denial should be upheld | Court: Affirmed in part, reversed in part, and remanded: district court must apply Martinez/Trevino/Sutton framework to specified IATC claims (determine ineffectiveness of post-conviction counsel, substantiality, prejudice) and then, if cause & prejudice found, reach merits; IAJC claims remain defaulted |
Key Cases Cited
- Martinez v. Ryan, 132 S. Ct. 1309 (Sup. Ct.) (narrow exception permitting initial-review post-conviction counsel ineffectiveness to establish cause for IATC defaults)
- Trevino v. Thaler, 133 S. Ct. 1911 (Sup. Ct.) (extends Martinez where state procedures effectively channel IATC claims to collateral review)
- Sutton v. Carpenter, 745 F.3d 787 (6th Cir.) (applies Martinez/Trevino to Tennessee and holds post-conviction counsel ineffectiveness can establish cause for IATC defaults)
- Hodges v. Colson, 727 F.3d 517 (6th Cir.) (procedural-default review; discussed limits of Martinez)
- Coleman v. Thompson, 501 U.S. 722 (Sup. Ct.) (attorney negligence in postconviction proceedings generally does not establish cause)
- Baldwin v. Reese, 541 U.S. 27 (Sup. Ct.) (exhaustion principle for state remedies prior to federal habeas)
- Miller-El v. Cockrell, 537 U.S. 322 (Sup. Ct.) (standard for certificate of appealability)
- Newbury v. Stephens, 756 F.3d 850 (5th Cir.) (post-remand guidance applying Martinez/Trevino analysis)