No. 20-7605

Cody James Martinez v. Arizona

Lower Court: Arizona
Docketed: 2021-03-31
Status: Denied
Type: IFP
IFP
Tags: capital-defendant capital-trial cumulative-error due-process ineffective-assistance ineffective-assistance-of-counsel pecuniary-gain right-to-counsel statutory-aggravator strickland-standard trial-counsel
Key Terms:
DueProcess Punishment
Latest Conference: 2021-06-03
Question Presented (AI Summary)

Whether trial counsel's complete abdication of responsibilities by meeting with a capital defendant for only 1:08 total in 2-4 years preceding trial constitutes ineffective assistance of counsel

Question Presented (OCR Extract)

Questions Presented For Review L Trial counsel only ever met with Mr. Martinez for a total of 1:08 in the 2-4 years preceding this capital trial. II. Arizona used a flawed premeditated-murder verdict to render a flawed felony-murder verdict harmless, then used the flawed felonymurder verdict to render the flawed premeditated-murder verdict harmless. I. ‘Trial counsel was unaware at trial that pecuniary gain was one of the statutory aggravating factors that the State had alleged until after it was proven. IV. Arizona has flatly rejected the well-established Wiggins v. Smith, 539 U.S. 510 (2003), Williams v. Taylor, 529 U.S. 362 (2000), Kyles v. Whitley, 514 U.S. 419 (1995), Strickland v. Washington, 466 U.S. 668 (1984), standard of cumulative error for ineffective assistance of counsel claims. i

Docket Entries

2021-06-07
Petition DENIED.
2021-05-19
DISTRIBUTED for Conference of 6/3/2021.
2021-04-30
Brief of respondent State of Arizona in opposition filed.
2021-03-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 30, 2021)

Attorneys

Cody Martinez
Stephen Jonathan YoungWilliamson & Young, P.C., Petitioner
Stephen Jonathan YoungWilliamson & Young, P.C., Petitioner
State of Arizona
Lacey Stover GardOffice of the Attorney General, Respondent
Lacey Stover GardOffice of the Attorney General, Respondent