United States Ninth Circuit

In defendant's request for habeas relief for the second time, claiming that his pretrial counsel was ineffective and that his postconviction relief counsel was ineffective in defendant's presentation of that claim, the district court's denial of defendant's Rule 60(b) motion is affirmed and his motion for a stay of execution is denied, as Martinez v. Ryan does not apply to this case given defendant's decision to represent himself during his trial and at sentencing. Further, even if Martinez does apply, it affords defendant no relief because his pretrial ineffective assistance of counsel claim lacks merit.

Appellate Information

• Decided 07/27/2012
• Published 07/27/2012

Judges

• Callahan

Court

• United States Ninth Circuit

Counsel