May 23, 2022 – Shinn v. Martinez Ramirez (U.S. Supreme Court, 20-1009)

The U.S. Supreme Court holds that, under 28 USC 2254(e)(2), a federal habeas court may not conduct an evidentiary hearing or otherwise consider evidence beyond the state-court record based on the ineffective assistance of state postconviction counsel. Note: This means that a petitioner with a claim of postconviction IAC not only must raise the claim in state court, but also must fully develop the facts supporting the claim in state court.