Davila v. Davis (16-6219)
argument 16-6219Davila v. Davis
Supreme Court of the United States
58 min
6 speakers
8 chapters
transcribed 4 days ago
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What is the central issue being argued in Davila v. Davis before the Supreme Court?
We'll hear argument next in case sixteen sixty
two nineteen,
De
Villa versus Davis. Mr. Kretzer? Mr. Chief Justice, and may it please the court. The nature and logic of Martinez naturally applies to claims of ineffective assistance of appellate counsel, just as it does to claims of ineffective assistance of trial counsel. Eric Davila faces execution despite having been convicted pursuant to erroneous jury instructions that vitiated his only viable defence. On direct appeal, Dovulus Counsel recognized the centrality of the intent issue, but challenged only sufficiency of the evidence, not the jury instructions.
When do you believe the council below objected? And Your brief seems to assume he did. But as I read the transcript I can't find where he objected. Clearly. Assuming he didn't object clearly. Can you say under any circumstance that appellate counsel was ineffective? for choosing the route he did. review. If there was no objection, wasn't the sufficiency of the evidence the best way to approach a forfeited error?
Well as an initial matter It must be remembered that plain error is not the standard in Texas. Even if a jury instructional objection is not made, all that happens under Almanza is the standard of review turns to from harm to egregious harm, which is less incisive to petitioners than plain error standard which prevails in federal court. But more importantly, the trial counsel did object, particularly at page fifty two of the joint appendix. Yeah,
he objected to the sequence of what the judge was saying. He didn't argue any transferred intent. in the way that the court later found in Roberts. Um I think it's Roberts if I'm if my memory's correct. He didn't I don't see any discussion of the Roberts transferred intent. All he argued was give the original instruction over again and then give this new one.
Oh no, he did not say pl then please do give the new one. There's no doubt the objection could have been better calibrated, and yet the closing of discrete complete sentence said we object to giving of the supplemental instruction. And immediately thereafter the state trial judge said overruled.
And it must
be remembered.
Sorry, Council, I j just to follow up on just to sort of my horse point. Uh I I think you you you argued at at page two two eight of the joint appendix that trial counsel's objection was not sufficient to cover the charging error. And I think that the Federal District Court on habeas found the same thing on page three sixty six. And so that raises to my mind the question whether Martinez applies here. Um couldn't couldn't your client have brought a Martinez claim? Uh and isn't the Martinez rule premised on the idea you get one clear shot? uh at bringing the issue and and and maybe the absence of one clear shot here would bring you within the rule of Martinez and that would take care of this case. What am I missing there?
Yes absolutely The reason this could not have been couched as a Martinez ineffective assistance of trial claim in Federal habeas is even if the objection had not been proper to preserve the issue uh in the Texas State Court and then in the Court of Criminal Appeals, there's still no way that the direct appellate attorney uh i uh argued the issue either way. In other words, what should have happened, the conforming constitutionally sufficient direct appellate brief should have argued jury instructional error and then first in the situation that the objection had been preserved by the objection, hence harm under Almanza, or alternatively, that the objection in the trial court was not sufficient to preserve the objection and we've moved to egregious harm under Almanza.
But in no case, in no situation was there no underlying error for the Mm.
One thing a good appellate lawyer will do is pare down the issues that are presented on appeal, even if they think that some of those issues have merit. I mean if you have six issues that you think you can argue credibly before the before the appellate court, you may decide it would be much better to focus that court on the two or three strongest issues, that adding the others will in fact dilute from the value of that.
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Chapters
8 chapters
1
What is the central issue being argued in Davila v. Davis before the Supreme Court?
0:00–7:31
2
How does the Martinez precedent apply to claims of ineffective assistance of appellate counsel?
7:31–15:13
3
What arguments are presented about the rarity and burden of appellate IAC claims?
15:13–22:58
4
How do the parties assess the systemic costs of extending Martinez to appellate counsel claims?
22:58–30:32
5
What empirical data do the advocates cite regarding the frequency of Martinez‑type petitions?
30:32–37:08
6
Why do some justices worry that extending Martinez could flood federal courts with habeas petitions?
37:08–43:14
7
How might the actual‑innocence exception intersect with an expanded appellate IAC doctrine?
43:14–50:33
8
What conclusion does the Court reach on whether to extend Martinez to appellate assistance claims?
50:33–58:20