Dickens v. Ryan, No. 08-99017 (9th Cir. 2012)
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Petitioner, an Arizona state prisoner, appealed the district court's denial of his habeas corpus petition. Petitioner was sentenced to death on each of two counts of felony murder. In this petition, Petitioner challenged his capital sentences, arguing that (1) the Arizona Supreme Court's application of Enmund v. Florida and Tison v. Arizona was unreasonable; (2) the Supreme Court based its decision on an unreasonable determination of the facts; and (3) his trial counsel rendered ineffective assistance. The Ninth Circuit (1) affirmed the Arizona Supreme Court's application of Enmund and Tison to the facts of the case, holding it was not objectively unreasonable; (2) held the Supreme Court did not base its decision on an unreasonable determination of the facts; and (3) vacated the district court's judgment on Petitioner's third argument, holding that the district court did not err in finding Petitioner defaulted on his ineffective assistance claim by failing to fairly present the claim to the Arizona courts but remanding to allow the district court reassess whether Petitioner established cause and prejudice for the procedural default under Martinez v. Ryan.
The court issued a subsequent related opinion or order on January 4, 2013.
The court issued a subsequent related opinion or order on January 23, 2014.
The court issued a subsequent related opinion or order on March 11, 2014.
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