Opinion
Civil Action No. 06 - 513
07-05-2012
LUTHER GLENN, Petitioner, v. SUPT. JAMES WYNDER; DISTRICT ATTORNEY FOR THE COUNTY OF ALLEGHENY and the ATTORNEY GENERAL FOR THE STATE OF PENNSYLVANIA, Respondents.
Chief Magistrate Judge Lisa Pupo Lenihan
ORDER
Upon consideration of Petitioner's claims presented in his amended petition for writ of habeas corpus (ECF No. 52), it is hereby ORDERED that Respondents shall, within thirty (30) days of the date of this Order, submit a Supplemental Answer specifically addressing the applicability of Martinez v. Ryan, __ U.S. _, 132 S. Ct. 1309 (2012) to Claims 2 (B), 6 (F), 8 (H), and 9 (I) in the amended petition. Petitioner shall file a Reply to the Supplemental Answer within fourteen (14) days from the date the Supplemental Answer is filed.
In Martinez, the Supreme Court held for the first time that in states like Pennsylvania, where state law requires that claims of ineffective assistance of trial counsel be raised in an initial-review collateral proceeding, a petitioner may establish "cause" sufficient to overcome a procedural default of a claim if "appointed counsel in the initial-review collateral proceeding, where the claim should have been raised, was ineffective under the standards of Strickland v. Washington, 466 U.S. 668 (1984)." Martinez, 132 S. Ct. at 1318.
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Lisa Pupo Lenihan
Chief United States Magistrate Judge