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Cody James Martinez v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al.

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 25-6539 · judgment March 30, 2026


Pending

Question presented

I. Whether Arizona, having refused Strickland cumulative error determination of prejudice, is entitled to AEDPA deference for a decision made using the wrong standard? II. Whether Mr. Martinez has made a substantial showing of the denial of a constitutional right to support a certificate of appealability where the trial court granted sentencing relief as to Count 1 (Murder) but denied relief as to Count 2 (Kidnapping) even though its determination as to Count 1 (Murder) was based on a determination of ineffective assistance of trial counsel as to many of the same aggravating factors that resulted in the aggravated sentence as to Count 2 (Kidnapping)?

Counsel of record

For petitioner
Stephen Jonathan Young
Law Office of S. Jonathan Young

For respondent
Jimmy Dale Nielsen
Office of the Arizona Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Aug 27 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Aug 21 2026
    Waiver of right of respondent Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. to respond filed.
  3. Jul 18 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2026)