9th Cir.
08-99001
The court of appeals granted a motion to remand for further proceedings before the district court. The court held, in an en banc opinion, that remand of a habeas petitioner’s case to district court was required where the Supreme Court’s intervening decision in Martinez v. Ryan, 132 S. Ct. 1309 (2012), supported further consideration of whether the petitioner’s ineffective assistance of trial counsel claims were defaulted due to the ineffective assistance of his post-conviction relief counsel, who failed to raise them during state post-conviction relief proceedings.
