Legal Opinion
Ha Nguyen v. Ben Curry
Court of Appeals for the Ninth Circuit
Decided December 4, 2013No. 11-56792PublishedCited by 134 opinions
1Opinion of the Court
OPINION
W. FLETCHER, Circuit Judge:
Ha Van Nguyen appeals the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The district court denied two of his three claims as procedurally defaulted. Nguyen contends that his procedural default should be excused under the standard for “cause” articulated in Martinez v. Ryan, — U.S. -, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012). The Supreme Court in Martinez established an equitable rule under which the failure of an ineffective counsel or pro se petitioner to raise, in a state court initial-review collateral…
2Cases cited20 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Murray v. CarrierSupreme Court of the United States · 1986
- Gideon v. WainwrightSupreme Court of the United States · 1963
- United States v. FradySupreme Court of the United States · 1982
15 more not listed; retrieve them via the Exa API.
3Cited by134 opinions
- Davila v. DavisSupreme Court of the United States · 2017
- Benito Luna v. Scott KernanCourt of Appeals for the Ninth Circuit · 2015
- Richard Hurles v. Charles L. RyanCourt of Appeals for the Ninth Circuit · 2014
- Howard Atkins v. James HollowayCourt of Appeals for the Sixth Circuit · 2015
- Dansby v. HobbsCourt of Appeals for the Eighth Circuit · 2014
129 more not listed; retrieve them via the Exa API.