LUIS MARTINEZ V. DORA SCHRIRO, No. 09-15170 (9th Cir. 2012)

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This opinion or order relates to an opinion or order originally issued on September 27, 2010.

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT LUIS MARIANO MARTINEZ, Petitioner-Appellant, v. CHARLES L. RYAN, Director of the Arizona Department of Corrections, Respondent-Appellee. ï£¼ ï£½ ï£¾ No. 09-15170 D.C. No. 2:08-cv-00785-JAT District of Arizona, Phoenix ORDER 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 proceedings may now establish cause for a prisoner s default of a claim of ineffective assistance at trial. The district court properly applied the law as it stood at the time of Martinez s petition. 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 proceedings consistent with the Supreme Court s opinion. 5871

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