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MARTINEZ v. SCHRIRO

No. 09-15170.

623 F.3d 731 (2010)

Luis Mariano MARTINEZ, Petitioner-Appellant, v. Dora SCHRIRO, Director of the Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 27, 2010.

Attorney(s) appearing for the Case

Robert Bartels, Esq. , Tempe, AZ, for petitioner-appellant Luis Mariano Martinez.

John P. Todd, Esq. , Deputy State Attorney General, Phoenix, AZ, for respondents-appellees Dora Schriro, et al.

Before: J. CLIFFORD WALLACE, PROCTER HUG, JR. and RICHARD R. CLIFTON, Circuit Judges.

OPINION

WALLACE, Senior Circuit Judge:

Martinez, a prisoner in the custody of the Arizona Department of Corrections, petitioned for a writ of habeas corpus. Martinez alleges that he received ineffective assistance of counsel at trial, but that his state-appointed appellate counsel failed to raise this claim in the first state post-conviction relief proceeding brought on his behalf. Martinez asserts a federal constitutional right to the effective assistance...

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