United States Ninth Circuit

The district court's denial of a petition for habeas corpus is affirmed, and a motion for a limited remand is denied, where: 1) the advice provided by trial counsel with regard to the petitioner's guilty plea was constitutionally adequate under Strickland v. Washington, 466 U.S. 668 (1984), and the plea was knowing and voluntary as a result; and 2) remand to the district court to review the merits of two new claims for ineffective assistance of trial counsel that the petitioner raised for the first time in his federal habeas petition was not proper under Martinez v. Ryan, 132 S. Ct. 1309 (2012), because the petitioner did not meet the narrow circumstances necessary to show cause for the procedural default in failing to raise the claims in a state postconviction relief proceeding.

Appellate Information

• Decided 05/13/2012
• Published 05/13/2012

Judges

• Tallman

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Mark Bennett Weintraub, Janet A. Klapstein