No. 19-5291

Tyrone Jordan v. Charles L. Ryan, Director, Arizona Department of Corrections, et al.

Lower Court: Ninth Circuit
Docketed: 2019-07-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof constitutional-review habeas-corpus habeas-proceeding iac-claim ineffective-assistance-counsel ineffective-assistance-of-counsel martinez-standard martinez-v-ryan post-conviction-counsel procedural-default standard-of-review trial-counsel
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-01
Question Presented (AI Summary)

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 Presented (from Petition)

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?

Docket Entries

2019-10-07
Petition DENIED.
2019-08-01
DISTRIBUTED for Conference of 10/1/2019.
2019-07-24
Waiver of right of respondents Charles Ryan, et al. to respond filed.
2019-07-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 22, 2019)

Attorneys

Charles Ryan, et al.
Jeffrey Lee SparksAttorney General's Office, Respondent
Jeffrey Lee SparksAttorney General's Office, Respondent
Tyrone Jordan
Tyrone Jordan — Petitioner
Tyrone Jordan — Petitioner