U.S. Court of Appeals for the Ninth Circuit, 2014

Jones v. Ryan

Jones v. Ryan
U.S. Court of Appeals for the Ninth Circuit · Decided May 5, 2014 · Reinhardt, Hawkins, Thomas
572 F. App'x 478

Jones v. Ryan

Opinion

MEMORANDUM *

We remand to the district court to consider, under Martinez v. Ryan, — U.S. -, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012) and Dickens v. Ryan, 740 F.3d 1302 (9th Cir. 2014) (en banc), Jones’s argument that his ineffective assistance of counsel claims are unexhausted, and therefore procedurally defaulted, and that deficient performance by his counsel during his post-conviction relief case in state court excuses the default.

We express no opinion on any other issue raised on appeal. Those issues are preserved for later consideration by the Court, if necessary.

REMANDED.

*

This disposition is not appropriate for publication and is not precedent except as provided *479 by 9th Cir. R. 36-3.

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