In a post-appeal collateral proceeding, can an attorney error be considered a cause for failure to raise a claim in a subsequent collateral proceeding?

California, United States of America


The following excerpt is from In re Reno, S124660 (Cal. 2012):

Respect for the finality of state court judgments supports reasonable limits on this rationale. (Cf. Martinez v. Ryan (2012) 566 U.S. ___, ___ [132 S.Ct. 1309, 1320] [although attorney error in a first postappeal collateral proceeding can, in limited circumstances, constitute cause for a failure to raise a claim, that rule does not apply in "second or successive collateral proceedings"].) We reiterate that the mere omission of a nonfrivolous yet meritless legal claim in a prior proceeding is insufficient, standing alone, to show prior counsel's performance fell below that which is constitutionally required. To the extent an inmate wishes to argue previous counsel was ineffective, the claim may be raised in an exhaustion petition but must be supported by specific allegations demonstrating that the omission was

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