Moore v. Stirling

Brief Amicus Curiae of the National Association of Criminal Defense Lawyers in Support of Petitioner (On Petition for a Writ of Certiorari).

Brief filed: 10/02/2020

Documents

Moore v. Stirling

United States Supreme Court; Case No. 20-5570

Prior Decision

Decision below 952 F.3d 174 (4th Cir. Mar. 3, 2020)

Argument(s)

Martinez recognized that its equitable remedy is necessary to ensure that state post-conviction counsel adequately protects the Sixth Amendment right to counsel. The right to effective assistance of counsel is a bedrock principle in our criminal justice system. Martinez mandates federal judicial review of trial counsel ineffectiveness where state post-conviction counsel performed in a constitutionally deficient manner. The Fourth Circuit’s application of “Fair Presentation” principles eviscerates Martinez. Certiorari is warranted to provide clarity to lower courts and practitioners, and enforce this Court’s mandate in Martinez. Courts of Appeals are divided on how to apply Martinez. Lower courts and practitioners require guidance on how the Supreme Court interprets Martinez.

Author(s)

Jonathan L. Marcus, Thania Charmani, and Judith A. Flumenbaum, Skadden Arps Slate Meagher & Flom LLP, Washington, DC.

Explore keywords to find information

RECENTLY ADDED & UPCOMING

  1. The Champion
    /Nacdl/media/image_library/StayInformed/Champion/ChampionCovers/March-April-2025.jpg?ext=.jpg

    March/April 2025

    What are the evidentiary implications of field sobriety tests in marijuana cases? Does the odor of marijuana give officers probable cause to search a vehicle?

  2. Amicus Brief
    /Nacdl/media/image_library/Elements/global/amicus.png

    Jenner & Block LLP v. U.S. Department of Justice

    Brief of the National Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Plaintiff’s Motion for Summary Judgment.

  3. News Release
    /Nacdl/media/image_library/Elements/global/newsrelease.png

    News Release ~ Law Enforcement Executive Order

    NACDL Warns Executive Order's Dangerous Overreach Undermines Community Safety and Trust in Police – Washington, DC (April 29, 2025) – The National Association of Criminal Defense Lawyers (NACDL) expressed deep concern regarding the Executive Order titled "Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens," cautioning that several of its proposals represent a dangerous overreach that undermines these goals by jeopardizing individual rights and the legitimacy of law enforcement in the eyes of the community.

  4. Event
    /Nacdl/media/image_library/Learn/nacdlcleinstitute/2025_Post-Dobbs_Trial_Tactics_2025-02-26_v02_Event-Listing_2.jpg?ext=.jpg

    Trial Tactics for Pregnancy-Related Cases: Skills for Every Defender

    LOCATION: The University of Texas School of Law, Austin, TX
    DATE: May 16-17, 2025
    COST: FREE (registration is required)
    CLE Credit: Up to 14.5 credits 

  5. Webinar
    /assets/img/nacdl_og.png

    Collaborative Approaches to Appellate Defense: Recognizing Clients' Legal Expertise

    WHEN: Thursday, May 8, 3:00-4:30pm ET / 12:00-1:30pm PT
    CLE CREDIT: not available
    COST: Free

Featured Products