Notice to new members intending to register - from January 9th 2012

CinnamonGirl77 · #1 07-12-2012, 11:55 AM

Has anyone seen that Tx has not applied the Martinez ruling in Ibarra v Thaler? This is frightening and worrying. My guy is relying on that as a large basis for his appeal, as I am sure a lot of others are.

Willove · #2 07-12-2012, 12:06 PM

I didn't see it so far. That's indeed reason to worry. When will there be an end with this damn DP finally.

RainyCola · #3 07-12-2012, 12:21 PM

Yes. It's disgusting.

I just read it in this article: http://www.theatlantic.com/national/...8-2012/259647/

RainyCola · #4 07-12-2012, 12:28 PM

Here's an excerpt:

In Martinez, in March, the Supreme Court declared by a 7-2 vote that defendants were entitled to have federal courts review their "ineffective assistance of counsel" claims even if those claims were otherwise procedurally barred, if the reason the claims were barred was the ineffectiveness of the lawyers litigating the first round of post-conviction habeas review.

CinnamonGirl77 · #5 07-12-2012, 03:46 PM

I can't believe it. This offered so much potential and the fact that it's been totally pushed to one side is outrageous and unfair. I have scoured the net for more info but as its all so recent there is not much to be found.

RainyCola · #6 07-12-2012, 04:46 PM

I'm sorry - I thought I posted more of an excerpt there, but that article I linked has it all there in black and white.

What is the point of having laws and Supreme Court decisions if the judges are allowed to interpret them however they want?

This whole thing enrages me beyond belief. It's just.... disgusting.

CinnamonGirl77 · #7 07-12-2012, 05:32 PM

RainyCola you are so correct. The entire point of Supreme/High Court rulings is that you set legally binding precedents for the lower tier courts. That's the whole reasoning behind the legal hierarchy. Logistics aside, I am more concerned about what's going to happen in 'real life' and how this will work out for our men. The legality and authority of the court system seems to set its own standards despite the obvious moral issues.

CinnamonGirl77 · #8 07-26-2012, 05:10 AM

Well it seems decency has started to prevail and Tx IS now applying Martinez in order to facilitate further appeals. Thank goodness for some good news in an otherwise sad week regarding Tx DR.

thegreatdoubter · #9 07-26-2012, 05:14 AM

Quote:

Originally Posted by CinnamonGirl77

Well it seems decency has started to prevail and Tx IS now applying Martinez in order to facilitate further appeals. Thank goodness for some good news in an otherwise sad week regarding Tx DR.

Yes....the courts of Texas always want to avoid US Supreme Court decisions they do not like,as well as orders from Washington DC re:foreign nationals whose Viennar Convention on Consular relations rights were ignored. I am suprised, in my opinion, that they would crack and listen to sensible decisions like Martinez v. Ryan

RainyCola · #10 08-17-2012, 11:53 AM

The 5th Circuit didn't help anything either. They denied Ramiro Ibarra today. He brought up an Atkins claim, ineffective counsel and the Vienna Convention. I'd link it but my phone is giving me issues. The opinion is published on the 5th Circuit's website. I'm reading it now.

CinnamonGirl77 · #11 08-18-2012, 06:40 AM

Quote:

Originally Posted by RainyCola

The 5th Circuit didn't help anything either. They denied Ramiro Ibarra today. He brought up an Atkins claim, ineffective counsel and the Vienna Convention. I'd link it but my phone is giving me issues. The opinion is published on the 5th Circuit's website. I'm reading it now.

I just logged on and read that, very disappointed. Things seem to go in fits and starts with this, it all moves quickly, then stops, then starts again. There seems to be no logic either regarding which appeals are progressing forward, and which ones are denied.