Nguyen v. Curry, No. 11-56792 (12-4-13)(Fletcher with Trott and Stein, D.J.).

In an important habeas case, the 9th extends Martinez's IAC exception to procedural default to appellate counsel. The 9th holds that the Martinez standard for "cause" exception applies to sixth amendment IAC claims, both trial and appellate, that were procedurally defaulted by ineffective counsel in the initial review state court collateral proceeding. Martinez is not limited to trial (IAC California). This decision conflicts with the limited approaches of the 8th and 10th Circuits.


The 9th also holds that the claim relates back.

Congrats to AFPD Patricia Young of the FPD Central District (Los Angeles) for this great win.