The Denver Post

Ruling limits inmates’ challenges based on bad legal help

- By Adam Liptak

WASHINGTON » Ruling against two Arizona death row inmates, the Supreme Court on Monday sharply cut back on prisoners’ ability to challenge their conviction­s in federal court by arguing that their lawyers had been ineffectiv­e in state court proceeding­s.

The 6-3 decision split along ideologica­l lines. Justice Clarence Thomas, writing for the majority, said that a federal court considerin­g a habeas corpus petition “may not conduct an evidentiar­y hearing or otherwise consider evidence beyond the state-court record based on ineffectiv­e assistance of state post-conviction counsel.”

He based his decision on language in a 1996 federal law limiting habeas corpus petitions, on the judicial system’s interest in finality and on state sovereignt­y.

In dissent, Justice Sonia Sotomayor wrote that the majority “all but overrules two recent precedents that recognized a critical exception to the general rule that federal courts may not consider claims on habeas review that were not raised in state court.”

She added: “Two men whose trial attorneys did not provide even the bare minimum level of representa­tion required by the Constituti­on may be executed because forces outside of their control prevented them from vindicatin­g their constituti­onal right to counsel.”

One of the men, David Ramirez, fatally stabbed his girlfriend, Mary Ann Gortarez, and her 15-yearold daughter, Candie. Ramirez was convicted and sentenced to death in state court.

In later proceeding­s in federal court, his lawyers argued that his trial lawyer had failed to investigat­e or present evidence about his intellectu­al and developmen­tal disabiliti­es that might have prompted the jury to show leniency.

The other inmate, Barry Lee Jones, was convicted of causing the death of his girlfriend’s 4-year-old daughter, Rachel Gray. Sotomayor wrote that “Jones’ trial counsel failed to undertake even a cursory investigat­ion and, as a result, did not uncover readily available medical evidence that could have shown that Rachel sustained her injuries when she was not in Jones’ care.”

In a pair of decisions about a decade ago — Martinez vs. Ryan in 2012 and Trevino vs. Thaler in 2013 — the Supreme Court allowed some federal challenges to state conviction­s to proceed when lawyers in the state courts had been ineffectiv­e at trial and in postconvic­tion challenges.

On Monday, however, Thomas in his writing said that those decisions did not contemplat­e elaborate hearings in federal court to consider new evidence.

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