Michael Ponce Tacho v. Joe Martinez

Michael Ponce Tacho, an Arizona state prisoner, appeals the district court’s denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. Tacho contends that his attorney at the state criminal trial, which resulted in his conviction for robbery and first degree murder, was ineffective because he failed to call Tacho’s mother and sister as alibi witnesses. Because we find that petitioner has procedurally defaulted from obtaining habeas review of his claim, we decline to address the merits.

I.

Petitioner’s conviction was affirmed on direct appeal. State v. Tacho, 113 Ariz. 380 , 555 P.2d 338 (1976). Thereafter, Ta-cho filed his first petition for a writ of habeas corpus in federal district court. The district court dismissed that petition with prejudice.

Petitioner next began an extended series of collateral attacks on his conviction in the Arizona courts. Pursuant to Rule 32 of the Arizona Rules of Criminal Procedure, Tacho filed his first petition for post-conviction relief, claiming the trial court unlawfully imposed consecutive sentences. The trial court denied Tacho’s petition, and denied his subsequent motion for rehearing. Tacho filed a petition for review April 4,…