In Trevino v. Thaler, in an opinion by Justice Breyer (but announced by Justice Kennedy, because Justice Breyer was absent), the Court held by a vote of five to four that when a state’s procedural framework, by reason of its design and operation, makes it highly unlikely in a typical case that a defendant will have a meaningful opportunity to raise on direct appeal a claim that his trial counsel provided ineffective assistance, the good cause exception recognized in Martinez v. Ryan applies.

In McQuiggin v. Perkins, in an opinion by Justice Ginsburg, the Court held by a vote of five to four that actual innocence, if proved, serves as a gateway through which a habeas petitioner may pass whether the impediment to consideration of the merits of a constitutional claim is a procedural bar, as it was in Schlup v. Delo and House v. Bell, or expiration of the Antiterrorism and Effective Death Penalty Act statute of limitations, as in this case.

Recommended Citation: Kali Borkoski, Details on today’s opinions, SCOTUSblog (May. 28, 2013, 11:42 AM), https://www.scotusblog.com/2013/05/details-on-todays-opinions-24/