Ernesto Salgado Martinez v. David Shinn, Director, Arizona Department of Corrections
DueProcess HabeasCorpus Punishment JusticiabilityDoctri
Whether the Ninth Circuit misapplied this Court's law of implied judicial bias
QUESTIONS PRESENTED FOR REVIEW CAPITAL CASE The questions presented for review are: (1) Whether the Ninth Circuit misapplied this Court’s law of implied judicial bias where, rather than considering the professional and social relationships of the trial court’s bailiff to the victim and the victim’s widow, the court rejected the claim on the basis Martinez could not demonstrate that the court held a direct pecuniary interest, was involved in a controversy with a party, or was part of the accusatory process; (2) Whether, as a result of that misunderstanding of the law of judicial bias, the Ninth Circuit erred in denying a claim of ineffective assistance of counsel that was premised on the failure of direct appellate counsel to raise the claim; (3) Whether the Ninth Circuit misapplied the rule of Gonzalez v. Crosby when it construed a request for remand for consideration of a Brady claim as a request for indication whether the district court would consider a rule 60(b) motion; (4) Whether the Ninth Circuit violated the rule of Kyles v. Whitley by failing to aggregate the Brady evidence attached to a request for indication whether the district court would consider a Rule 60(b) motion, with the evidence supporting the materiality of two additional Brady claims. i