1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 Pedro R. Duarte, Case No.: 2:12-cv-01305-JAD-EJY

5 Petitioner Order Granting Conditional Writ of 6 v. Habeas Corpus on Remand from the United States Court of Appeals for the 7 Brian Williams, et al., Ninth Circuit 8 Respondents [ECF No. 96.] 9 10 Petitioner Pedro R. Duarte sought a writ of habeas corpus under

based, 11 in part, on claims that his trial counsel was ineffective.1 I denied Duarte’s petition, and this case 12 was closed on September 30, 2019.2 Duarte appealed, and the United States Court of Appeals 13 granted a certificate of appealability on one ground: whether he demonstrated cause and 14 prejudice to excuse the procedural default of his claim that his trial counsel rendered ineffective 15 assistance by failing to challenge the co-conspirator or aider-and-abettor liability jury 16 instruction.3 The United States Court of Appeals has now determined that Duarte’s underlying 17 ineffective-assistance claim is meritorious and that his procedural default is excused under 18 Martinez v. Ryan,

(2012).4 Accordingly, the United States Court of Appeals 19 remanded this case “with instruction to grant a conditional writ of habeas corpus ordering Duarte 20 to be resentenced unless the State of Nevada retries him on the attempt murder counts within a 21 reasonable period of time.”5 In accordance with the United States Court of Appeals’ 22 memorandum, I grant a conditional writ of habeas corpus.

23 1 ECF No. 47. 24 2 ECF Nos. 91, 92. 25 3 ECF Nos. 93, 96 at 3. 26 4 ECF No. 96 at 8–9. 27 5

. 28 1 IT IS THEREFORE ORDERED that A CONDITIONAL WRIT OF HABEAS 2| CORPUS IS GRANTED. The State of Nevada is directed to resentence Duarte unless it 3} retries him on the attempt-murder counts within 120 days of the date this order is filed. 4 Dated: October 25, 2021 __(Lbeeys ‘ U.S. District Judge JenniférA. Dorsey 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28