Michael Gallegos v. Charles L. Ryan

I agree that we should remand as to the Brady issue. I would, however, also grant the Motion for Stay and Partial Remand for Reconsideration in Light of Martinez v. Ryan. Petitioner-appellant Gallegos has presented this panel with potentially mitigating evidence of organic brain damage sufficient to render his claim of ineffective-¿ssistance-of-sentencing-counsel á “new claim” under Dickens v. Ryan, 740 F.3d 1302 (9th Cir.2014). I would remand to the District Court to evaluate whether Gallegos can show cause and prejudice in light of Martinez v. Ryan, — U.S. -, 132 S.Ct. 1309, 182 L.Ed.2d 272…