Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Gallegos v. Ryan

United States Court of Appeals, Ninth Circuit

November 30, 2016

Michael Gallegos, Petitioner-Appellant,
v.
Charles L. Ryan, Respondent-Appellee.

          D.C. No. 2:01-cv-01909-NVM

          Before: Marsha S. Berzon, Consuelo M. Callahan, and Carlos T. Bea, Circuit Judges.

          ORDER

          SUMMARY [*]

         Habeas Corpus

         The panel granted a petition for panel rehearing, and amended its April 7, 2016 order in a habeas corpus case in which Arizona state prisoner Michael Gallegos challenges his conviction and death sentence for first-degree murder and sexual conduct with a minor.

         The panel amended the first paragraph of the April 7 order to grant in part Gallegos's motion for stay and partial remand for reconsideration in light of Martinez v. Ryan, 132 S.Ct. 1309 (2012). The panel instructed the district court to consider, on remand, Gallegos's timely Martinez claim and to determine whether he can show cause and prejudice to excuse the procedural default with respect to his claim that counsel failed to investigate and present mitigating evidence of Gallegos's alleged organic brain damage. The panel denied as moot Gallegos's request for a stay of appellate proceedings.

         The panel wrote that the second paragraph of the April 7 order remains in effect, and that the panel's April 7 opinion affirming the denial of Gallegos's other habeas claim remains in force.

         Dissenting from the grant of a partial remand for reconsideration in light of Martinez, Judge Callahan wrote that she does not think that Gallegos had made the minimal showing of ineffective assistance of counsel required for a remand.

         ORDER

         Appellant Gallegos's Petition for Panel Rehearing is granted. The first paragraph of the panel's April 7, 2016 order is amended to read as follows:

         The panel GRANTS IN PART Appellant Gallegos's Motion for Stay and Partial Remand for Reconsideration in Light of Martinez v. Ryan, 132 S.Ct. 1309 (2012). On remand, the District Court shall consider Gallegos's timely Martinez claim and, accordingly, determine whether he can show cause and prejudice to excuse the procedural default with respect to his claim that counsel failed to investigate and present mitigating evidence of Gallegos's alleged organic brain damage. See Dickens v. Ryan, 740 F.3d 1302, 1320 (9th Cir. 2014) (en banc). Gallegos's request for a stay of appellate proceedings is denied as moot.

         The second paragraph of the April 7, 2016 order remains in effect.

         The panel's April 7, 2016 opinion affirming the denial of Appellant's ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.