Raymond Zayas v. Jamey Luther, Superintendent, State Correctional Institution at Laurel Highlands, et al.
When Petitioner's Crawford v. Washington claim was procedurally defaulted by trial counsel and initial post conviction counsel failed to raise an ineffectiveness of trial counsel claim, and Petitioner relied on Martinez v. Ryan to establish "cause" for this default, but the Third Circuit failed to address Martinez v. Ryan in ruling on Petitioner's application for a Certificate of Appealability;
Whether this Court should vacate the Third Circuit's Order denying a Certificate of Appealability and remand so the Third Circuit can apply Martinez v. Ryan to Petitioner's claim?
Whether this Court should vacate the Third Circuit's Order denying a Certificate of Appealability and remand so the Third Circuit can apply Martinez-v-Ryan to Petitioner's claim?