David Barnett v. Don Roper

ERICKSON, Circuit Judge.

Don Roper, the Superintendent of the Potosi Correctional Center in Mineral Point, Missouri, appeals from the district court's 1 judgment granting David Barnett's application for habeas corpus relief from his death sentence pursuant to 28 U.S.C. § 2254 . Roper asserts that the district court erred: (1) in treating the decision in Martinez v. Ryan , 566 U.S. 1 , 132 S.Ct. 1309 , 182 L.Ed.2d 272 (2012) as an extraordinary circumstance justifying a reopening of the case; (2) in finding ineffective assistance of counsel at the postconviction phase of the underlying…