Martinez-Villareal

Martinez-Villareal v. Lewis

Good Law
80 F.3d 1301·96 Daily Journal DAR 3852·1996 WL 155019·1996 U.S. App. LEXIS 6290·96 Cal. Daily Op. Serv. 2296
United States Court of Appeals for the Ninth CircuitApril 4, 1996Nos. 94-99011, 94-99012California3,757 words

Opinion

Lead Opinion

Nelson, J.

Arizona state prisoner Ramon Martinez-Villareal appeals the district court’s rejection of his petition for writ of habeas corpus on issues relating to the guilt phase of his murder trial in the Arizona Superior Court in Santa Cruz County. Warden Samuel Lewis (“State”) appeals the district court’s grant of the writ on the claim of ineffective assistance of counsel at the sentencing phase of the trial. We affirm the district court’s denial of Martinez-Villareal’s petition as to claims relating to the guilt phase of the trial, but reverse the grant of the writ as to the penalty phase.

FACTUAL AND PROCEDURAL HISTORY

Over the weekend of October 8-10, 1982, Martinez-Villareal burglarized a residence in Tumacaeori, Arizona. Among the missing items were ammunition and several high caliber rifles. Soon afterward, Martinez-Villa-real and an accomplice used these weapons and ammunition to shoot two men to death at a nearby ranch. Following his arrest, Martinez-Villareal boasted that he had killed “because of his pure balls, that he was very *1304 macho.” State v. Martinez-Villareal, 145 Ariz. 441 , 702 P.2d 670, 673-74 , cert. denied, 474 U.S. 975 , 106 S.Ct. 339 , 88 L.Ed.2d 324…

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