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MARTINEZ v. SHINN

No. 21-99006.

33 F.4th 1254 (2022)

Ernesto Salgado MARTINEZ, Petitioner-Appellant, v. David SHINN, Director; James Kimble, Warden, Arizona State Prison-Eyman Complex, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 16, 2022.

Attorney(s) appearing for the Case

Jon M. Sands , Federal Public Defender; Timothy M. Gabrielsen , Assistant Federal Public Defender; Office of the Federal Public Defender, Tucson, Arizona; for Petitioner-Appellant.

Mark Brnovich , Attorney General; Lacy Stover Gard , Deputy Solicitor General/Chief of Capital Litigation; Laura P. Chiasson , Assistant Attorney General; Office of the Attorney General, Tucson, Arizona; for Respondents-Appellees.

Before: M. Margaret McKeown, William A. Fletcher, and Milan D. Smith, Jr., Circuit Judges.

OPINION

Ernesto Salgado Martinez moves for a certificate of appealability ("COA") that would allow him to challenge the district court's denial of his Rule 60(b)(6) motion for relief from final judgment. Martinez was convicted of first-degree murder of an Arizona police officer after a jury trial in 1997 and was sentenced to death...

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