United States v. 2012-05-29 | 09-15170 | LUIS MARTINEZ V. DORA SCHRIRO | precedential | opinion |

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 LUIS MARIANO MARTINEZ, No. 09-15170
Petitioner-Appellant, D.C. No.
v. 2:08-cv-00785-JAT
 CHARLES L. RYAN, Director of the District of Arizona,
Arizona Department of Phoenix
Corrections, ORDERRespondent-Appellee. 
On Remand From The United States Supreme Court
Filed May 29, 2012
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 proceed-
ings may now establish cause for a prisoner’s default of a
claim of ineffective assistance at trial. The district court prop-
erly applied the law as it stood at the time of Martinez’s peti-
tion. 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 proceed-
ings consistent with the Supreme Court’s opinion.
5871

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