Tyrone Jordan v. Charles L. Ryan, Director, Arizona Department of Corrections, et al.
HabeasCorpus
What is the District Court's duty and what standard is the Court to apply to a habeas proceeding presenting a substantial and meritorious IAC claim of trial counsel which relies on post-conviction counsel as the basis for excusing the procedural default?
QUESTION(S) PRESENTED ; 1. What is the District Court's duty and what standard is the Court to apply toa habeas proceecling presenting o substantial and meritorious TAC claim of trial counsel which relies on post-convichon counsel as the basis for excusing the procedural clefault? 2. Does the burden shift to the state.to argue the underlying IAC at tral claim cloes not “have some merit, before a district court con clismias a habeas petition, after the initial showing is made a claim is relying on Martinez v. Ryan, 152% $.Ct. 1309 Q012) and post Conviction Counsel to excuse O procedural default?