United States Ninth Circuit

In a habeas corpus challenge to petitioner's conviction and capital sentence for murder, kidnapping, and sexual abuse, petitioner's motion to remand to the district court is granted, where: 1) Martinez v. Ryan, 132 S. Ct. 1309 (2012) held that that a state post-conviction relief counsel's ineffective assistance in failing to raise trial-counsel ineffective assistance of counsel claims can excuse a procedural default; 2) petitioner claims that post-conviction counsel's ineffective assistance excused the procedural default of his trial ineffective assistance claims, and thus, 3) petitioner is entitled to remand for the district court to rule on his Martinez motion in the first instance.

Appellate Information

• Decided 09/03/2013
• Published 09/03/2013

Judges

• FLETCHER

Court

• United States Ninth Circuit

Counsel