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SCOTUScast - Ayestas v. Davis – Post-Argument SCOTUScast
Manuel Ayestas was sentenced to death for murder, and his conviction and sentence were affirmed on direct appeal by the Texas Court of Criminal Appeals in 1998. Ayestas then sought state habeas relief, claiming ineffective assistance of trial counsel because his attorney had failed to bring Honduras-based family members to Texas in order to testify to Ayestas’s good character and lack of criminal record in Honduras. The Texas state district court found that Ayestas’s trial counsel, though ultimately unsuccessful, had acted with reasonable diligence, and therefore denied habeas relief. The Texas Court of Criminal Appeals affirmed in 2008.
In 2009 Ayestas sought federal habeas relief under 28 U.S.C. § 2254, claiming that his trial counsel had acted ineffectively by failing to properly investigate all potentially mitigating evidence. An effective investigation, Ayestas argued, would have uncovered his lack of a criminal record in Honduras, his schizophrenia, and his addiction to drugs and alcohol. The district court determined that Ayestas had procedurally defaulted this claim by failing to raise it in state habeas proceedings, and found no cause to excuse that default. The U.S. Court of Appeals for the Fifth Circuit denied a certificate of appealability.
In 2012, however, the U.S. Supreme Court held in Martinez v. Ryan that the ineffectiveness of state habeas counsel in failing to claim ineffective assistance of trial counsel may provide cause to excuse a procedural default. Although the Fifth Circuit denied Ayestas’s motion for a rehearing based on the Martinez ruling, the Supreme Court vacated that judgment and remanded Ayestas’s case for further consideration in light of the Supreme Court’s 2013 decision in Trevino v. Thaler, which made clear that Martinez applied in the context of Texas state procedures. The Fifth Circuit in turn remanded Ayestas’s case to the district court to reconsider his procedurally defaulted ineffective assistance claim in the first instance.
On remand Ayestas filed a motion for investigative assistance under 18 U.S.C. § 3599(f), requesting a mitigation specialist in order to develop his broader ineffective assistance of trial counsel claim. In 2014 the district court denied habeas relief, concluding that neither Ayestas’s trial nor state habeas counsel had been constitutionally ineffective, and that a mitigation specialist was therefore not “reasonably necessary.” Ayestas thereafter moved to amend his federal habeas petition to add claims relating to a recently discovered prosecution memorandum suggesting that the push for capital punishment in Ayestas’s case was improperly motivated by his national origin. He also sought a stay in federal court until he exhausted these new claims in state court. The district court denied all relief and denied a certificate of appealability. The Fifth Circuit affirmed in all respects.
The Supreme Court granted Ayestas’s subsequent certiorari petition to address whether the Fifth Circuit erred in concluding that 18 U.S.C. § 3599(f) withholds “reasonably necessary” resources to investigate and develop an ineffective assistance of counsel claim that state habeas counsel forfeited, where the claimant's existing evidence does not meet the ultimate burden of proof at the time the Section 3599(f) motion is made.
To discuss the case, we have Dominic Draye, Solicitor General of the State of Arizona.
Motley Fool Money - Hot Toys for 2017
Costco hits an all-time high. Chipotle makes a change at the top. Buffalo Wild Wings goes private as Applebee’s offers a surprising promotion. Ron Gross, Matt Argersinger, and David Kretzmann analyze the retail landscape and much more. Plus, toy industry expert Chris Byrne talks about this year’s hot toys. Thanks to Slack for supporting The Motley Fool. Slack: Where work happens. Find out why at slack.com.
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Stuff They Don't Want You To Know - Are there any real underwater military bases?
We've all seen the space-age secret bases in science fiction and blockbuster films, but could a government or corporation really build a secret, permanent deep-sea base? Where would they do it? Why? Join the guys as they dive into (get it?) the murky world of militaries beneath the waves.
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Dodos are dead, but are they gone forever? Reviving extinct species is a trope of science fiction, but real-life scientists are working on every stage of the problem today. Meeting scientists focused on uncovering ancient animal genomes, or reviving individual cells to conserve species still around, Marnie Chesterton seeks out whether new technologies might, just possibly, bring back the iconic dodo. But what would it take to bring back that most iconic of extinct species? Following listener Rachel’s question, CrowdScience gets to grips with the dodo’s past, and finds out what’s left of this iconic bird, meeting the scientists inadvertently piecing it back together.
Presenter: Marnie Chesterton Producer: Rory Galloway
Picture: An accurate reconstruction of nesting Dodos Photo Credit: Dr Julian Hume
Social Science Bites - Bev Skeggs on Social Media Siloing
“Most people,” says Goldsmiths sociologist Bev Skeggs, “think they’re using Facebook to communicate with friends. Basically they’re using it to reveal how much they can be sold for, now and in the future, and how much their friends can be sold for.”
That was an almost accidental lesson she learned during research on how social networks were structuring, or restructuring, friendships, she explains to interviewer David Edmonds in this Social Science Bites podcast. After receiving a monstrous data dump – with permission – of individual’s social media usage, Skeggs and her colleagues were “completely diverted” as it dawned on them that Facebook was trawling its users’ habits to collect information on people’s general browsing habits.
The potentially disturbing but legal practice was only the first step in Facebook’s efforts to monetize social media – and in what Skeggs argues calcifies inequality.
“They probably have the greatest capacity to experiment with social data to see who we’re communicating with, how we’re communicating with them,” Skeggs says, “but basically 90 percent of Facebook profit is made from advertising -- selling your data to advertising companies so that they can place an advert on your browser.” And in turn, algorithmically segregating web denizens – well, their composite data profiles, at any rate -- based on their perceived wealth and influence. This “subprime silo-ing” pushes sketchy advertising, in particular for high-interest loans, at people who can least afford to take on more debt.
That, she explains, is why “we really, really need to have some strict regulation” when it comes to the trading of personal data, targeting, advertising and similar practices that flow from social media.
Skeggs, who has led the sociology departments at Manchester University and Goldsmiths, University of London, has long looked at less explored vectors of inequality, as demonstrated by her breakthrough 1997 book, Formations of Class & Gender: Becoming Respectable. She was the joint managing editor of the The Sociological Review for five years starting in 2011, a period that saw the esteemed journal transition into an independent foundation “dedicated to the advancement and study of sociology in everyday life.” (She remains an editor at large for the Review.)
The NewsWorthy - Lauer Apology, (RED) Apple & Supermoon – Friday, December 1st, 2017
All the news you need to know for Friday, December 1st, 2017!
Today we're talking about the Senate's tax plan and Matt Lauer's apology.
Plus: an 'unprecedented' NFL deal, the (RED) program's partnership with Apple and this weekend's supermoon!
All that and much more - in less than 10 minutes!
Award-winning broadcast journalist and former TV news reporter Erica Mandy breaks it all down for you.
For links to all the stories referenced in today's episode, visit https://www.theNewsWorthy.com and click Episodes.
Today's episode is brought to you by SOL Organics. SOL Organics sells luxuriously comfortable organic sheets and bedding.
Go to www.SOLOrganix.com to redeem an exclusive holiday special of 40% off, free shipping + 2 free organic candles with CODE 'ERICA40'.
Opening Arguments - OA126: Mick Mulvaney & The Consumer Financial Protection Bureau
- For Jaqen and others, we recommend OA22: "Libertarianism is Bad and You Should Feel Bad."
- Here is the lawsuit filed by Leandra English; and this is the memorandum supporting her motion for TRO.
- On the other side, you can read the memorandum issued by Asst. Attorney General Steven A. Engel and the companion memo authored by CFPB Counsel Mary McLeod.
- The statutes we cited during the show are two sections of the Federal Vacancies Reform Act, 5 U.S.C. § 3345 and 5 U.S.C. § 3347, as well as a portion of Dodd-Frank, 12 U.S.C. § 5491.
The Gist - Life Is Like Pachinko
There hadn’t been an English-language novel about ethnic Koreans living in Japan until this year’s Pachinko. Author Min Jin Lee chalks it up to the complicated history of the Korean Japanese. They were colonized by Japan, they were forced or compelled to migrate, and they were targets of anti-Korean discrimination. But Lee was surprised to find that many Korean Japanese don’t see themselves as victims of racism. “They would actually see it as, culturally, their norm,” says Lee. “I think it’s very hurtful to think that you’re hated all the time, so you have to think of the story that you can live with.”
In the Spiel, are President Trump’s tweets worse than President Nixon’s paranoia?
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