16 research outputs found
Giving Meaning to “Meaningful Enough”: Why Trevino Requires New Counsel on Appeal
Generally, defendants cannot raise new claims in a writ of habeas corpus unless they can accomplish the difficult task of showing that they could not have raised the claims earlier. In 2012, the U.S. Supreme Court laid out an equitable exception that allows defendants to claim—for the first time in a writ of habeas corpus—that they had an ineffective trial attorney if their failure to make a timely claim was due to a second ineffective attorney or no attorney whatsoever. The exception, however, only applied to defendants in states that required ineffective assistance claims to be brought in collateral proceedings, as opposed to allowing the claims on direct appeal. However, a year later, when faced with inequity in Texas, the Court broadened the exception, applying it to any state that does not provide a defendant with a meaningful opportunity to initially raise that claim, regardless of the forum they chose.
In doing so, the Court neglected to explain how “a meaningful opportunity” should be measured. This Note seeks to provide that explanation, arguing that it must depend on whether a defendant is provided with a new, unconflicted attorney on appeal. If the same attorney represents a defendant at trial and on appeal, a defendant cannot meaningfully challenge his lawyer’s performance at trial. If a defendant does not receive new counsel on appeal, habeas courts should consider claims of ineffective assistance regardless of the procedural history of the case
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Local Structure Investigation of Cu Precipitates in Modified 18CrNiMo7-6 Steels by Synchrotron X-ray Absorption Spectroscopy
This paper studied the copper precipitation in an 18CrNiMo7-6 martensitic steel (0.19 mass% C) with copper addition and its resulting improved mechanical behavior. The development of nano-precipitates in two modified alloys with 1.0 and 1.5 mass% copper addition was investigated by means of synchrotron X-ray absorption spectroscopy. The first-principles calculation has enabled the modeling of the unavailable copper standards: solid solution, B2, BCC, 2H, 9R and 3R, for calculating the XAS spectra and successfully identified the unknown phases after aging for the first time in this steel group. The samples alloyed with 1.5 mass% copper yielded the semi-coherent 9R structure when aged at 500°C between 166 to 360 minutes. The ones containing 1 mass% copper formed the B2 ordered structure after aging at 480°C for 50 minutes and revealed the co-existence of the 9R after 240 minutes. The analysis reveals the precipitation kinetics of copper in low carbon martensitic steel and helps determine the optimum tempering parameters to adjust peak strength