Matthew Sexton v. Mike Cozner

ORDER

The opinion filed on May 13, 2012, is AMENDED as follows: The phrase “and Sexton does not present a substantial claim that PCR counsel was ineffective” on page 17 of the opinion is replaced with “and Sexton does not present a substantial claim that trial counsel was ineffective.”.

An amended opinion will be filed concurrently with this order.

OPINION

Matthew Ryan Sexton (“Sexton” or “Petitioner”), an Oregon state prisoner, appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition. He argues that trial counsel’s advice regarding his guilty plea was constitutionally inadequate, thereby rendering his plea unknowing or involuntary. Sexton also seeks a limited remand under the Supreme Court’s recent decision in Martinez v. Ryan, — U.S. -, 132 S.Ct. 1309 , 182 L.Ed.2d 272 (2012), to allow the district court to review the merits of two new claims for ineffective assistance of trial counsel that he raised for the first time in his federal habeas petition, but that the district court ruled were procedurally defaulted.

We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we deny Sexton’s motion for a limited remand and affirm the denial of his §…