Franklin v. Hawley, No. 16-4378 (8th Cir. 2018)Annotate this Case
The Eighth Circuit reversed the district court's grant of a petition for habeas relief, holding that Martinez v. Ryan, 566 U.S. 1 (2012), does not excuse a procedural default that occurs in the appeal of a collateral state court proceeding. The court reasoned that Martinez was inapposite to this case because petitioner's default occurred during the appeal from the initial-review proceeding rather than during the proceeding itself, and petitioner did not complain about his ability to present his claim to the state circuit court, only that his inability to timely appeal that court's decision constitutes cause because he was not represented by an attorney.