United States Ninth Circuit

The district court's denial of a habeas corpus petition that included a procedurally defaulted Double Jeopardy claim, is reversed and remanded for consideration in light of the Supreme Court's intervening decision in Martinez v. Ryan, 132 S. Ct. 1309 (2012), where: 1) applies to ineffective assistance of appellate counsel as well as trial counsel; and 2) petitioner's ineffective assistance of appellate counsel claim related back to the original habeas petition and was therefore timely.

Appellate Information

• Decided 12/04/2013
• Published 12/04/2013

Judges

• FLETCHER

Court

• United States Ninth Circuit

Counsel