Djerf v. Shinn

1. Whether the Ninth Circuit’s rule—that a federal habeas petitioner may not use *Martinez v. Ryan*, 566 U.S. 1 (2012), to overcome the procedural default of a claim that trial counsel was ineffective for failing to investigate and present mitigation evidence at sentencing if the petitioner’s state post-conviction counsel raised a "different" claim of ineffective assistance of trial counsel—conflicts with this Court’s decisions in *Martinez* and *Trevino v. Thaler*, 569 U.S. 413 (2013). 2. Whether the Ninth Circuit’s rule—that a federal habeas petitioner may not use *Martinez* to overcome the procedural default of a claim that trial counsel was ineffective for failing to investigate and present mitigation evidence at sentencing if the petitioner’s state post-conviction counsel raised a "different" claim of ineffective assistance of trial counsel—conflicts with the decisions of other circuits.