9th Circuit rules Martinez applies to defaulted appellate IAC claims
Posted on: 12/5/2013 08:50:14 AM by Peoples
On December 4, 2013, the Ninth Circuit held in Nguyen v. Curry, a non-capital habeas case, that Martinez v. Ryan "applies to the failure to raise not only a claim of trial-counsel [ineffective assistance], but also a claim of appellate-counsel [ineffective assistance]."  The panel recognized that other circuit courts have taken a contrary position but concluded that those other courts were wrong in their conclusion.