Thursday, September 12, 2019

Ramirez v. Ryan, No. 10-99023 (9-11-19)(Thomas w/Clifton; Berzon concurring and dissenting). Note: This is an Az FPD CHU case. The 9th grants relief on the procedural bar due to Martinez IAC and remands for an evidentiary hearing on the IAC of trial counsel. The 9th found that post-conviction representation was deficient (the State so conceded). Post-conviction counsel should have raised the IAC claim regarding trial counsel’s failure “to present or pursue evidence of intellectual disability, failed to provide relevant and potentially mitigating evidence to the psychologist … “ and submitted a psychology report with contrary facts.  On remand, petitioner should be allowed to develop evidentiary facts for the merits of his IAC claim.

The 9th affirmed denial of the Ake claim and the unconstitutional casual nexus argument.

Berzon would grant a COA on the Atkins claim, find Martinez IAC, and remand for further proceedings.

Congrats to Paula Harms and Tim Gabrielsen of the Az FPD CHU.  

The decision is here:



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