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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


Certiorari denied · October 5, 2026

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

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Aug 27 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Aug 21 2026
    Waiver of right of respondent Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. to respond filed.
  4. Jul 18 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2026)