Mickey Thomas v. Dexter Payne, Director, Arkansas Department of Correction

The district court vacated Petitioner’s death sentence because his trial counsel rendered ineffective assistance. On appeal, Respondent contested only the district court’s resolution of the merits. But the Eighth Circuit reversed on the basis of a procedural defense that Respondent abandoned on appeal. Specifically, the Eighth Circuit held that “bare bones, boilerplate allegations” of ineffectiveness in state court did not lead to a default that may be excused under Martinez v. Ryan, 566 U.S. 1 (2012). The questions presented are:

1. Whether Wood v. Milyard, 566 U.S. 463 (2012), prohibits a court of appeals from sua sponte raising a habeas defense that a state abandons on appeal.

2. Whether opportunity to object to an appellate court’s actions in a rehearing petition satisfies this Court’s conditions for sua sponte adjudication of habeas defenses. See Wood and Day v. McDonough, 547 U.S. 198 (2006).

3. Whether fair presentation of a federal habeas claim requires a petitioner to inform the state courts of the facts that support the claim.