· 4/15/2014
Licho Escamilla v. William Stephens, Director
Citations
- 749 F.3d 380
- 2014 WL 1465361
- 2014 U.S. App. LEXIS 7015
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “Martinez does not apply to claims that were fully adjudicated on the merits by the state habeas court 8 because those claims are, by definition, not procedurally defaulted”
- concluding that counsel may have performed deficiently in part because they “failed to obtain a psychological evaluation for their client until after trial began”
- concluding that “Martinez does not apply to claims that were fully adjudicated on the merits by the state habeas court because those claims are, by definition, not procedurally defaulted”
- finding Martinez inapplicable where new 21 evidence did not fundamentally alter but “merely provided additional evidentiary support” 22 for already-adjudicated state court claim
- granting COA on plaintiff’s ineffective-assistance-of-counsel claim where counsel, inter alia, “failed to obtain a psychological evaluation for their client until after trial began”
- declining to find exception to Pinholster where petitioner “merely provided additional evidentiary support for his claim that was already presented and adjudicated in the state court proceedings”
Source: CourtListener parenthetical corpus (CC0).
Judges: Dennis, Haynes, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.