Dennis McGuire v. Warden, Chillicothe Correctional Inst.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the change in procedural default rules worked by Martinez is not an exceptional circumstance justifying Rule 60(b)(6) relief because those cases did not alter the constitutional rights of criminal defendants
• finding Abdur’Rahman’s 2001 Rule 60(b) motion was timely and remanding to district court “for a determination of whether the motion should be granted.”
• “[E]ven if Trevino changed the law in some Ohio cases and even if a pure change in law could warrant Rule 60(b)(6
• “To be successful under Trevino, [a petitioner] must show a ‘substantial’ claim of ineffective assistance, and this requirement applies as well to the prejudice portion of the ineffective assistance claim.” (internal citations omitted)
• “[I]f ineffective assistance cases are divided into two categories, one could argue that the category requiring evidence outside the record must be brought on collateral review in order for review to be meaningful.”

Source: CourtListener parenthetical corpus (CC0).