Martinez v. Ryan

Ninth Circuit

Martinez v. Ryan

680 F.3d 1160, 2012 WL 1925590, 2012 U.S. App. LEXIS 10762

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 29, 2012

Docket09-15170

StatusPublished

Cited by3 cases

This text of 680 F.3d 1160 (Martinez v. Ryan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Martinez v. Ryan, 680 F.3d 1160, 2012 WL 1925590, 2012 U.S. App. LEXIS 10762 (9th Cir. 2012).

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Opinion

ORDER

Pursuant to the Opinion of the Supreme Court in Martinez v. Ryan, — U.S. -, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012), inadequate assistance of counsel during initial review collateral proceedings may now establish cause for a prisoner’s default of a claim of ineffective assistance at trial. The district court properly applied the law as it stood at the time of Martinez’s petition. However, by qualifying Coleman v. Thompson, 501 U.S. 722, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991), the Supreme Court changed the law. Therefore, the district court’s denial of Martinez’s petition for habeas corpus on the basis that his claim was procedurally defaulted is REVERSED, and the matter is REMANDED for proceedings consistent with the Supreme Court’s opinion.

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ORDER

Pursuant to the Opinion of the Supreme Court in Martinez v. Ryan, — U.S. -, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012), inadequate assistance of counsel during initial review collateral proceedings may now establish cause for a prisoner’s default of a claim of ineffective assistance at trial. The district court properly applied the law as it stood at the time of Martinez’s petition. However, by qualifying Coleman v. Thompson, 501 U.S. 722, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991), the Supreme Court changed the law. Therefore, the district court’s denial of Martinez’s petition for habeas corpus on the basis that his claim was procedurally defaulted is REVERSED, and the matter is REMANDED for proceedings consistent with the Supreme Court’s opinion.

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Bluebook (online)

680 F.3d 1160, 2012 WL 1925590, 2012 U.S. App. LEXIS 10762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-v-ryan-ca9-2012.

Opinion

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