Jerry Franklin v. Josh Hawley

SHEPHERD, Circuit Judge.

Jerry Franklin sought habeas relief on the basis that his attorney in the underlying state-court proceeding failed to fulfill Franklin’s explicit instruction to appeal his conviction and sentence. The district court granted the petition, finding that Franklin’s procedural default of that claim was excused under Martinez v. Ryan, 566 U.S. 1, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012). We disagree because Martinez expressly does not excuse a procedural default that occurs in the appeal of a collateral state court proceeding. We therefore reverse.

I. Background

In 2009,…