Jones v. Shinn, No. 18-99006 (11-29-19)(Clifton w/Rawlinson & Watford). This is a 9th Cir CHU case. The 9th affirms the granting of habeas relief in this capital case. Finding Martinez procedural relief, the 9th then grants relief for IAC by trial counsel for failure to adequately investigate the cause of a child’s injuries, dating and timing of the bruises and injuries, and who may have caused the injuries.

Significantly, the 9th makes clear that a Martinez hearing must by necessity include a hearing on the merits to determine the extent of any IAC in an evidentiary context. It makes no sense and is not judicially economical to separate the hearings.

Congrats to Carey Sandman and Karen Smith, AFPDs, FPD Az (CHU).

The decision is here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2019/11/29/18-99006.pdf