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MARTINEZ v. RYAN

No. 09-15170.

680 F.3d 1160 (2012)

Luis Mariano MARTINEZ, Petitioner-Appellant, v. Charles L. RYAN, Director of the Arizona, Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

May 29, 2012.

Attorney(s) appearing for the Case

Robert Bartels , ASU Law School Clinic Arizona State University College of Law, Tempe, AZ, for Petitioner-Appellant.

Michael Tighe O'Toole, Esquire , Acting Assistant Attorney General, Kent Ernest Cattani , Chief Counsel, John Pressley Todd, Esquire , Assistant Attorney General, Arizona Attorney General's Office, Phoenix, AZ, for Respondent-Appellee.

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, 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...

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