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Luis Mariano Martinez v. Charles L. Ryan

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


May 29, 2012

LUIS MARIANO MARTINEZ, PETITIONER-APPELLANT,
v.
CHARLES L. RYAN, DIRECTOR OF THE DISTRICT OF ARIZONA, ARIZONA DEPARTMENT OF PHOENIX CORRECTIONS, RESPONDENT-APPELLEE.

On Remand From The United States Supreme Court D.C. No. 2:08-cv-00785-JAT

FOR PUBLICATION

ORDER

Before: J. Clifford Wallace, Procter Hug, Jr., and Richard R. Clifton, Circuit Judges.

ORDER

Pursuant to the Opinion of the Supreme Court in Martinez v. Ryan, ___ U.S. ___, 132 S. Ct. 1309 (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 (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.

20120529

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