Richard Greenway v. Charles Ryan
Court of Appeals for the Ninth Circuit
1ConcurrenceBea, Circuit Judge
I concur in full in Judge Sehroeder’s opinion. Nevertheless, I write separately because I would find that much of Green-way’s ineffective assistance of counsel claim' based on trial counsel’s failure to challenge and remove a biased juror was not fairly—or at all—presented in any state court proceeding, and is therefore procedurally barred by Greenway’s failure to exhaust his state court remedies. Furthermore, that waiver is not excused under the very narrow exception recognized in Martinez v. Ryan, 566 U.S. 1, 132 S.Ct. 1309, 1320, 182 L.Ed.2d 272 (2012) (holding that a defendant’s failure…
2Cases cited10 opinions
- Edward Weaver v. S. Frank ThompsonCourt of Appeals for the Ninth Circuit · 1999
- Scott v. SchriroCourt of Appeals for the Ninth Circuit · 2009
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Greenway v. SchriroCourt of Appeals for the Ninth Circuit · 2011
- Picard v. ConnorSupreme Court of the United States · 1971
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