Tuesday, July 02, 2019

Martinez v. Ryan, No. 08-99009 (6-18-19)(M. Smith w/McKeown & Fletcher)(Note: This is an AZ CHU case).  The 9th affirms the denial of a capital habeas petition.  The petitioner, on probation at the time, was sentenced to death for the murder of a police officer in 1995. The 9th concluded that the petitioner’s judicial bias claim was procedurally precluded. The state had a procedure for judicial bias review, and the procedure was sufficiently adequate. The claim moreover was speculative, and as such there was no IAC. The 9th additionally denied the claims for inadequacy of the first-degree murder instruction, Brady, and IAC on failure to retain an expert to contest the state pathologist. The 9th did find error in the state supreme court employing a nexus test for mitigation, but there was no prejudice.

A tough appeal for Tim Gabrielson of the Az CHU (Tucson).

The decision is here:




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