Daniel Rodriguez v. Stephen Morris

FILED

NOT FOR PUBLICATION

MAY 27 2022

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DANIEL ALEXANDER RODRIGUEZ, No. 21-16024

Petitioner-Appellant, D.C. No. 2:19-cv-04957-GMS

v.

MEMORANDUM*

STEPHEN MORRIS; ATTORNEY

GENERAL FOR THE STATE OF

ARIZONA,

Respondents-Appellees.

Appeal from the United States District Court for the District of Arizona G. Murray Snow, Chief District Judge, Presiding

Argued and Submitted March 8, 2022 Phoenix, Arizona

Before: PAEZ, CLIFTON, and WATFORD, Circuit Judges.

Daniel A. Rodriguez appeals the district court’s denial of his petition for a

writ of habeas corpus filed under 28 U.S.C. § 2254. The narrow certified issue on

appeal is whether Rodriguez’s ineffective assistance of appellate counsel (“IAAC”)

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. claim qualifies as cause to excuse the procedural default of his prosecutorial

misconduct claim.1 We have jurisdiction under 28 U.S.C. §§ 1291 and 2253. We

affirm.

Rodriguez was convicted by a jury in…