No. 23-1196

Christopher Ryan Martin v. Tom Lawson, Chief, Nevada Division of Parole and Probation, et al.

Lower Court: Ninth Circuit
Docketed: 2024-05-07
Status: Denied
Type: Paid
Tags: apprendi certificate-of-appealability constitutional-claim habeas-corpus jones judicial-enhancement jury-trial ninth-circuit prior-conviction prior-convictions
Key Terms:
HabeasCorpus
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether Petitioner is entitled to a Certificate of Appealability (COA)

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW I. Whether Petitioner is entitled to a Certificate of Appealability (COA) from the Court of Appeals for the Ninth Circuit by his showing that reasonable jurists have read Apprendi, infra, and Jones, infra, as limiting prior convictions for judicial enhancement where the safeguard of a jury trial was available. II. Whether the merits of Petitioner’s constitutional claim (which has and will affect many other defendants) is “... adequate to deserve encouragement to proceed further.” Buck, infra; Miller-El, infra; Slack, infra. u STATEMENT OF RELATED CASES 1. State v. Martin, No. C-18-336705-1, District Court, Clark County, Nevada. Judgment (Judgment of Conviction) entered January 29, 2021. 2. Martin v. State, No. 82498-COA, Court of Appeals of the State of Nevada. Judgment (Order of Affirmance) entered September 18, 2021. 3. Martin v. State, No. 82498-COA, Court of Appeals of the State of Nevada. Judgment (Order Denying Rehearing) entered October 20, 2021. 4. Martin v. State, No. 82498, Supreme Court of the State of Nevada. Judgment, (Order Denying Petition for Review) en banc entered January 27, 2021. 5. Martin v. Tom Lawson, et al., No. United States District Court, District of Nevada. Judgment, (Order Denying (1) Petition for Writ of Habeas Corpus and a COA, and (2) Motion to Strike entered May 4, 2023. 6. Martin v. Tom Lawson, et al., No. United States District Court, District of Nevada., (Order Denying Motion to Alter or Amend Judgment) entered May 25, 2023. 7. Martin v. Tom Lawson, Chief, Nevada Division Parole and Probation; et al, No. 23-15835, United States Court of Appeals for the Ninth Circuit, (Order [denying COA]) entered January 31, 2024. 8. Martin v. Tom Lawson, Chief, Nevada Division Parole and Probation; et al, No. 23-15835, United States Court of Appeals for the Ninth Circuit, (Order [denying reconsideration]) entered February 29, 2024.

Docket Entries

2024-10-07
Petition DENIED.
2024-06-18
DISTRIBUTED for Conference of 9/30/2024.
2024-05-03

Attorneys

Christopher Ryan Martin
Michael D. ParientePariente Law Firm P.C., Petitioner