The Montroy Series: Shinn v. Ramirez

Jonah Horwitz, Assistant Federal Defender, Capital Habeas Unit, the Federal Defender Services of Idaho

In Shinn v. Ramirez, 142 S. Ct. 1718 (2022), the United States Supreme Court sharply restricted the ability of habeas petitioners to develop the facts to support their ineffectiveness claims in federal court.  Ramirez is an important development in federal habeas law that will have serious consequences for attorneys who do trial and post-conviction work in state court.  Most significantly, the decision creates a critical need for state attorneys to preserve and constitutionalize certain types of claims, or they will almost certainly have no hope in federal court.  This presentation will discuss the ramifications of Ramirez while primarily focusing on its effects for state-court practitioners.  In addition, the presentation will briefly run through some strategies that federal-habeas attorneys might consider for trying to limit the damage that Ramirez does to their clients.  To register for the Zoom Meeting, click here.