Lopez

This is the second time that Samuel Lopez seeks review in this court with respect to his petition for habeas relief in federal court. The facts and procedural history are laid out in detail in our previous decision. Lopez v. Ryan, 630 F.3d 1198 (9th Cir.), cert. denied, — U.S.-, 132 S.Ct. 577 , 181 L.Ed.2d 426 (2011). Since we last considered Lopez’s habeas appeal, there have been several developments: (1) the Supreme Court issued its opinion in Martinez v. Ryan , — U.S. -, 132 S.Ct. 1309 , 182 L.Ed.2d 272 (2012), which changed the landscape with respect to whether ineffectiveness of post-conviction counsel may establish cause for procedural default; (2) Arizona issued a death warrant and set May 16, 2012, as the date for Lopez’s execution; and (3) the district court denied Lopez’s Federal Rule of Civil Procedure 60(b) motion seeking relief under Martinez. Lopez v. Ryan, No. CV-98-72-PHX-SMM, 2012 WL 1520172 (D.Ariz. Apr. 30, 2012) (order).

Lopez brings claims within claims and allegations of ineffective counsel at various levels of the proceedings. He asserts that his trial counsel at sentencing was ineffective and now, for the first time, that his postconviction relief…