HULL, Circuit Judge:
Petitioner Cary Lambrix, a Florida prisoner sentenced to death, appeals the district court's denial of his pro se "Motion for Appointment of Substitute Collateral Counsel," under 18 U.S.C. § 3599, to aid him in preparing and filing a second or successive 28 U.S.C. § 2254 federal habeas petition based on Martinez v. Ryan, 566 U.S. ___, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012), which announced an equitable rule whereby a federal petitioner may establish cause, in narrow circumstances, to excuse
Lambrix's motion for substitute counsel alleges that (1) his initial state collateral counsel failed to raise ineffective-trial-counsel claims; (2) Martinez's equitable rule now allows Lambrix to bring those procedurally-defaulted claims in a successive § 2254 habeas petition; (3) Lambrix's new "state collateral counsel has been promising to initiate a `Martinez v. Ryan' collateral action now for at least six months, and has not actually do[ne] so yet"; and (4) "because of state collateral counsel's lack of meaningful communication," Lambrix requests the appointment of "substitute counsel" to prepare and file a successive § 2254 petition under Martinez raising ineffective-trial-counsel claims.
After review of the record and the parties' counseled briefs in this appeal and with the benefit of oral argument, we affirm because it would be futile to appoint counsel to present a Martinez-based claim. As discussed herein, Lambrix's proposed claims are barred and futile for reasons unrelated to the merits of any substantive ineffective-trial-counsel claim.
First, Martinez does not apply at all to Lambrix's motion because (1) Lambrix's state collateral counsel actually raised ineffective-trial-counsel claims in Lambrix's initial state post-conviction proceedings in 1986-1988; (2) Lambrix's federal counsel also raised ineffective-trial-counsel claims in his initial § 2254 petition; (3) in 1992 the district court found that those claims were not procedurally defaulted; (4) consequently, both the district court (in 1992) and this Court (in 1996) reviewed the merits of Lambrix's ineffective-trial-counsel claims; and (5) thus, those claims were not deemed procedurally defaulted.
Second, Lambrix's proposed ineffective-trial-counsel claims are futile because they are impermissibly successive under 28 U.S.C. § 2244(b), and Martinez does not allow Lambrix to overcome the statutory bar against filing successive § 2254 petitions.
Third, to the extent that Lambrix seeks to raise new ineffective-trial-counsel claims, Lambrix's proposed claims are time-barred under AEDPA's statute of limitations in 28 U.S.C. § 2244(d).
Fourth, Martinez did not create a freestanding claim for relief based on ineffective state collateral counsel and provides no basis to reopen Lambrix's time-barred and impermissibly successive claims.
Over the past 30 years, Lambrix has filed dozens of petitions, motions, original writs, and appeals in both state and federal court. We start by reviewing that procedural history. Due to the nature of Lambrix's present Martinez-based motion, we focus on the ineffective-trial-counsel claims raised in prior state and federal proceedings, the multiple counsel who represented Lambrix in those proceedings, and the merits-based resolution of those ineffective-trial-counsel claims.
In 1983, Lambrix brutally killed Clarence Moore and Aleisha Bryant outside of his home by choking and stomping Bryant and hitting Moore over the head with a tire iron. See In re Lambrix, 624 F.3d 1355, 1358-59 (11th Cir.2010). Lambrix then ate dinner with his girlfriend, cleaned himself, borrowed a shovel, buried Moore's and Bryant's bodies in shallow graves, and used Moore's car to dispose of the tire iron and his own bloody shirt in a nearby stream. See id.
In 1984, Lambrix was convicted of two counts of first-degree murder and sentenced to death for the 1983 murders of Moore and Bryant. At trial, counsel Robert Jacobs and Kinley Engvalson of the Office of Public Defender for the 20th Judicial Circuit of Florida represented Lambrix.
Then, in his initial direct appeal, Lambrix had new counsel: J.L. LeGrande and Barbara LeGrande. Lambrix, through his new counsel, appealed his 1983 convictions and two death sentences. Lambrix raised multiple issues on appeal. The Florida Supreme Court affirmed Lambrix's convictions and sentences. See Lambrix v. State, 494 So.2d 1143, 1145 (Fla.1986).
Lambrix, through new counsel Larry Spalding and Billy Nolas from the Collateral Capital Representative ("CCR") in Tallahassee, Florida, filed his first motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850.
Lambrix, with the assistance of CCR counsel Spalding and Nolas, appealed the denial of his first state post-conviction motion. Lambrix raised several claims, including that his trial counsel were ineffective
Lambrix, again through CCR counsel Spalding and Nolas, petitioned the Florida Supreme Court for a writ of habeas corpus.
In 1988, Lambrix, through CCR counsel Spalding and Nolas, petitioned the federal district court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Thereafter, the district court granted CCR's motion to withdraw as counsel and appointed new counsel for Lambrix: Robert Josefsberg and Joel Lumer, private attorneys who volunteered with the Volunteer Lawyers Resource Center ("VLRC").
With the assistance of attorneys Josefsberg and Lumer, Lambrix amended his § 2254 petition. Lambrix raised 28 grounds for relief, including many claims based on the alleged "ineffective assistance of counsel rendered by both trial and appellate counsel with respect to many stages of the representation of [Lambrix]."
Thereafter, the district court appointed additional counsel Matthew Lawry, director of the VLRC, to assist attorneys Josefsberg and Lumer with Lambrix's initial § 2254 petition.
In 1991, the district court held a five-day evidentiary hearing, during which Lambrix's counsel appeared and acted on Lambrix's behalf. After this hearing, the district court reviewed the merits of Lambrix's counseled § 2254 petition.
In particular, the district court considered the merits of these ineffective-trial-counsel claims: (1) failure to sufficiently argue certain motions before the trial judge; (2) failure to investigate and present sufficient evidence of Lambrix's history of substance abuse at the guilt and penalty phases; (3) failure to present and investigate Lambrix's only defense, that of voluntary intoxication; (4) failure to challenge the testimony of certain State witnesses; (5) failure to adequately cross-examine,
And, the district court considered the merits of these ineffective-appellate-counsel claims: failure to challenge (1) the death sentences; (2) the denial of the motion to change venue; (3) Lambrix's absence from the proceedings; (4) the denial of the voluntary intoxication instruction; and (5) any sentencing issue.
After its review, the district court, in a 72-page order, denied each of these claims from Lambrix's § 2254 petition on the merits. The district court did not conclude that any of Lambrix's ineffective-trial-counsel or ineffective-appellate-counsel claims were procedurally defaulted.
Lambrix appealed. Shortly thereafter, this Court granted counsel Lumer's motion to withdraw. Counsel Lawry and Josefsberg remained as Lambrix's counsel. On appeal, Lambrix asserted that (1) his trial counsel rendered ineffective assistance at the guilt and penalty phases and (2) his appellate counsel rendered ineffective assistance on appeal.
After briefing and oral argument, this Court reviewed the merits of the § 2254 claims raised on appeal, including Lambrix's many ineffective-trial-and-appellate-counsel claims, and affirmed the district court's denial of Lambrix's initial § 2254 habeas petition. See Lambrix v. Singletary, 72 F.3d 1500, 1502-07 (11th Cir. 1996), aff'd, 520 U.S. 518, 117 S.Ct. 1517, 137 L.Ed.2d 771 (1997).
Lambrix, through counsel Lawry, petitioned the U.S. Supreme Court for a writ of certiorari. The U.S. Supreme Court granted Lambrix's petition on one issue not relevant to the instant proceeding
While simultaneously pursuing habeas relief through his initial § 2254 proceedings in federal court, Lambrix, with the assistance of counsel Lawry and Josefsberg, filed a second and successive state motion for post-conviction relief pursuant to Florida Rules of Criminal Procedure 3.850 and 3.851. The state post-conviction court summarily denied Lambrix's second and successive post-conviction motion because "his claims were without merit" and also were "untimely and successive or abusive" under state law. See Lambrix v. State, 698 So.2d 247, 248 (Fla.1996);
On appeal of the denial of his second and successive state post-conviction motion, Lambrix's counseled brief asserted that trial counsel was ineffective because trial counsel: (1) forced Lambrix to choose between his right to testify and his right to assistance of counsel; (2) failed to adequately cross-examine and impeach key State witnesses; (3) failed to investigate and present a voluntary intoxication defense; (4) failed to conduct jury selection in a reasonably competent manner; (5) failed to investigate and present available, compelling mitigating evidence; and (6) failed to object to the instructions given for the "especially heinous, atrocious or cruel," the "cold, calculated and premeditated," and the "pecuniary gain" aggravators.
The Florida Supreme Court affirmed the state trial court's denial of Lambrix's second and successive state post-conviction motion because Lambrix's claims were untimely or impermissibly successive under state law and, thus, were procedurally barred under state law. See id. The Florida Supreme Court denied Lambrix's request for rehearing. See id.
Lambrix, with the assistance of counsel Josefsberg and additional VLRC counsel Steven Goldstein, also filed a successive state habeas petition pursuant to this Court's directive.
In 1996, the United States Congress ended funding for the VLRC. Thereafter, Lambrix's counsel Lawry informed the state courts that Lambrix needed substitute counsel due to the unavailability of federally-supported counsel.
In May 2000, the Florida state courts appointed the Capital Collateral Regional
With the assistance of state collateral counsel, Lambrix filed several additional successive state motions for post-conviction relief. See Lambrix v. State, 39 So.3d 260, 266 (Fla.2010) (third state post-conviction proceeding); Lambrix v. State, 124 So.3d 890 (Fla.2013), reh'g denied (Oct. 17, 2013) (fourth and fifth state post-conviction proceedings).
CCRC — South counsel Hennis, Neal Dupree, and Craig Trocino assisted Lambrix in his successive state post-conviction proceedings. After several evidentiary hearings, the state post-conviction court denied relief on all of Lambrix's claims, and the Florida Supreme Court affirmed. See Lambrix v. State, 39 So.3d 260, 262 (Fla. 2010), cert. denied, Lambrix v. Florida, ___ U.S. ___, 131 S.Ct. 917, 178 L.Ed.2d 766 (2011) (mem.);
In March 2013, Lambrix, with the assistance of counsel Hennis, filed a sixth state post-conviction motion, which alleged that Lambrix "was entitled to raise procedurally barred claims of ineffective assistance of counsel based on Martinez." See Lambrix v. State, No. SC13-1471, 2014 WL 1271527 (Fla. Mar. 27, 2014). The state post-conviction court denied relief, and the Florida Supreme Court affirmed. See id. (denying Lambrix's Martinez-based motion as meritless and untimely).
Lambrix, proceeding pro se, also petitioned the Florida Supreme Court for a writ of habeas corpus, pursuant to that court's original jurisdiction. The Florida Supreme Court denied the state habeas petition. Lambrix v. Crews, 118 So.3d 221 (Fla.2013) (tab.op.) (denying petition on the merits), reh'g denied (May 14, 2013).
Lambrix also filed numerous pro se and counseled extraordinary writ petitions that the Florida courts either denied or dismissed. See, e.g., Lambrix v. Friday, 525 So.2d 879 (Fla.1988) (tab.op.) (petition for extraordinary relief); Lambrix v. Martinez, 534 So.2d 400 (Fla.1988) (tab.op.) (petition for writ of mandamus); Lambrix v. Reese, 705 So.2d 902 (Fla.1998) (tab.op.) (petition for writ of mandamus); Lambrix v. State, 727 So.2d 907 (Fla.1998) (tab.op.) (petition for writ of prohibition); Lambrix v. State, 766 So.2d 221 (Fla.2000) (tab.op.) (petition for writ of mandamus); Lambrix v. State, 900 So.2d 553 (Fla.2005) (tab.op.) (petition for writ of mandamus); Lambrix
And, Lambrix filed a pro se petition for a writ of habeas corpus in the U.S. Supreme Court, pursuant to that Court's original habeas jurisdiction. The U.S. Supreme Court summarily denied the petition. In re Lambrix, ___ U.S. ___, 131 S.Ct. 2907, 179 L.Ed.2d 1263 (2011) (mem.).
In 2010, Lambrix, pro se, filed, in this Court, a 128-page application for leave to file a second or successive § 2254 petition based on these claims:
This Court denied Lambrix's pro se application for leave to file a second or successive § 2254 petition because none of Lambrix's claims satisfied the requirements of a second or successive § 2254 federal habeas petition. In re Lambrix, 624 F.3d 1355, 1357-59, 1368 (11th Cir. 2010); 28 U.S.C. § 2244(b). In particular, we concluded that (1) claims 7, 8, and 10 were raised in Lambrix's initial § 2254 federal habeas petition and, thus, failed to satisfy § 2244(b)(1); (2) claims 1, 11, and 12 did not allege a constitutional violation, as required by § 2244(b)(2)(B)(ii); and (3) the remaining claims did not allege a previously undiscoverable factual predicate, as required by § 2244(b)(2)(B)(i), or a constitutional violation, as required by § 2244(b)(2)(B)(ii). See Lambrix, 624 F.3d at 1362-67. We also denied Lambrix's concurrent request for appointed counsel. Id. at 1368.
With this background, we turn to the current matter on appeal.
In March 2013, Lambrix filed a pro se "Motion for Appointment of Substitute Collateral Counsel" in federal district court for the purpose of pursuing yet another successive § 2254 petition. This time Lambrix's proposed successive § 2254 petition relies on the Supreme Court's 2012 Martinez decision.
As observed above, CCRC — South counsel Hennis has represented Lambrix in all of his state court post-conviction litigation from October 2004 to the present. And, as noted at the outset, Lambrix's March 2013 motion sought "substitute" collateral counsel
To support his request for "substitute counsel," Lambrix argued that (1) his state collateral counsel failed to raise his ineffective-trial-counsel claims in his initial state post-conviction proceedings in 1986-1988; (2) the ineffective assistance of his state collateral counsel caused those claims to be procedurally defaulted in his initial § 2254 federal habeas petition in 1992 and on appeal to this Court in 1996; and (3) the new, equitable rule announced in Martinez now allows Lambrix to bring those procedurally defaulted ineffective-trial-counsel claims in a successive § 2254 habeas petition.
The alleged-procedurally-defaulted claims Lambrix now wants to bring are that his state trial counsel rendered ineffective assistance by:
Lambrix's 2013 motion asserted that these claims would collectively establish that he was actually innocent of the premeditated murders and that his death sentences were "constitutionally unreliable." Lambrix's motion contends that his actual-innocence claims have never been reviewed on the merits because his initial state collateral counsel was ineffective in not raising ineffective-trial-counsel claims.
The only matter before the district court was Lambrix's pro se March 2013 "Motion for Appointment of Substitute Collateral Counsel" to aid in preparing and filing another successive § 2254 petition.
The district court, however, construed Lambrix's March 2013 motion as a successive § 2254 petition itself. In an order dated March 25, 2013, the district court dismissed the construed successive § 2254 petition without prejudice to allow Lambrix to seek an order from this Court authorizing the district court to consider his successive § 2254 petition. See 28 U.S.C. § 2244(b)(3).
Subsequently, in an effort to appeal the district court's March 25, 2013 order, Lambrix, proceeding pro se, sought a certificate of appealability ("COA") from this Court.
On October 25, 2013, this Court entered an order denying Lambrix's counseled request for a COA. To the extent that Lambrix sought a COA to appeal the district court's dismissal of his construed successive § 2254 petition (which the court construed from Lambrix's "Motion for Appointment of Substitute Collateral Counsel"), we denied Lambrix's COA request because (1) the construed § 2254 petition was successive, (2) Lambrix failed to obtain authorization from this Court pursuant to 28 U.S.C. § 2244 to file a successive § 2254 habeas petition, and (3) therefore, the district court lacked subject matter jurisdiction over that construed § 2254 petition.
However, in that same order, this Court pointed out that a petitioner does not need a COA to appeal a district court's denial of a motion for appointed counsel under 18 U.S.C. § 3599. We stated, "An order denying a motion for court-appointed, federal habeas counsel under 18 U.S.C. § 3599 is `clearly an appealable order under 28 U.S.C. § 1291.'" (quoting Harbison v. Bell, 556 U.S. 180, 183, 129 S.Ct. 1481, 1485, 173 L.Ed.2d 347 (2009)). Therefore, we denied as unnecessary Lambrix's request for a COA to appeal the district court's denial of Lambrix's "Motion for Appointment of Substitute Collateral Counsel" to aid in preparing and filing a successive § 2254 petition.
After denying Lambrix's request for a COA as unnecessary as to the § 3599 issue, this Court directed the parties to brief the issue "of whether the district court erred in its implicit denial of [Lambrix's] request for court-appointed federal habeas counsel under 18 U.S.C. § 3599." Lambrix's collateral counsel Hennis has filed a brief, as has the State.
The § 3599 issue is the sole matter currently before the Court.
An indigent state inmate seeking to challenge his death sentence in federal court is statutorily entitled to the appointment of counsel "in any post conviction proceeding under section 2254." 18 U.S.C. § 3599(a)(2); see also Martel v. Clair, 565 U.S. ___, 132 S.Ct. 1276, 1285, 182
Once an indigent capital defendant has federally-appointed counsel, that appointed "counsel is required to represent the prisoner `throughout every subsequent stage of available judicial proceedings,' including `all available post-conviction process' in state and federal court (such as state clemency proceedings), until he has been `replaced by similarly qualified counsel upon the attorney's own motion or upon motion of the defendant.'" Chavez, 742 F.3d at 944 (quoting 18 U.S.C. § 3599(e)); see also Harbison v. Bell, 556 U.S. 180, 185-88, 129 S.Ct. 1481, 1486-88, 173 L.Ed.2d 347 (2009).
Substitution of that federally-appointed counsel is warranted only when it would serve "the interests of justice." Martel, 132 S.Ct. at 1284 (quoting 18 U.S.C. § 3006A). Among other things, that means a district court is not required to appoint substitute counsel just so that a state prisoner can file a futile petition. See Martel, 132 S.Ct. at 1289 ("The court was not required to appoint a new lawyer just so [the petitioner] could file a futile motion."); see also Chavez, 742 F.3d at 944.
In addition, a district court is not required to appoint new counsel to pursue wholly futile claims that are conclusively time barred or could not form the basis for federal habeas relief. See Chavez, 742 F.3d at 946-47 (concluding that, in determining whether to appoint new counsel under § 3599, the district court can "consider[] whether a proposed petition would clearly be barred for a reason unrelated to the merits of any substantive claim for relief, such as a statute-of-limitations bar"); see also In re Hearn, 376 F.3d 447, 455 (5th Cir.2004) ("[P]otential procedural bars may be so conclusive that the right to counsel under [§ 3599] becomes unavailable."); Cantu-Tzin v. Johnson, 162 F.3d 295, 298 (5th Cir.1998) ("Appointment of counsel for a capital-convicted defendant would be a futile gesture if the petitioner is time-barred from seeking federal habeas relief.").
Lambrix's motion is based on the U.S. Supreme Court's decision in Martinez, which the Supreme Court glossed slightly in Trevino v. Thaler, 569 U.S. ___, ___, 133 S.Ct. 1911, 1918-21, 185 L.Ed.2d 1044 (2013). Lambrix asserts that the new rules announced in Martinez and Trevino (collectively referred to as the "Martinez rule") "excuse" the procedural default of his ineffective-trial-counsel claims from his initial § 2254 habeas petition. And, as a result, Lambrix argues that he is entitled to appointed counsel to pursue his Martinez-based, ineffective-trial-counsel claims.
Because an understanding of Martinez and Trevino is important to our ultimate conclusion that Lambrix's proposed claims are futile, we start by briefly reviewing the procedural default doctrine and the Martinez and Trevino decisions. See Arthur v. Thomas, 739 F.3d 611, 628-31 (11th Cir.2014) (providing a thorough discussion of the Martinez rule). We then explain why the Martinez rule does not apply at all to Lambrix's case.
Under the procedural default doctrine, if a state prisoner "defaulted his
In Martinez, the Supreme Court announced a narrow, equitable, and non-constitutional exception to Coleman's holding (that ineffective assistance of collateral counsel cannot serve as cause to excuse a procedural default) in the limited circumstances where (1) a state requires a prisoner to raise ineffective-trial-counsel claims at an initial-review collateral proceeding; (2) the prisoner failed properly to raise ineffective-trial-counsel claims in his state initial-review collateral proceeding; (3) the prisoner did not have collateral counsel or his counsel was ineffective; and (4) failing to excuse the prisoner's procedural default would cause the prisoner to lose a "substantial" ineffective-trial-counsel claim. See Arthur, 739 F.3d at 629 (citing Martinez, 132 S.Ct. at 1318). In such a case, the Supreme Court explained that there may be "cause" to excuse the procedural default of the ineffective-trial-counsel claim. Martinez, 132 S.Ct. at 1319. Subsequently, the U.S. Supreme Court extended Martinez's rule to cases where state law technically permits ineffective-trial-counsel claims on direct appeal but state procedures make it "virtually impossible" to actually raise ineffective-trial-counsel claims on direct appeal. See Trevino, 133 S.Ct. at 1915, 1918-21.
Importantly, the Martinez rule is expressly limited to attorney errors in initial-review collateral proceedings: "[T]he holding in [Martinez] does not concern attorney errors in other kinds of proceedings, including appeals from initial-review collateral proceedings, second or successive collateral proceedings, and petitions for discretionary review in a State's appellate courts." Martinez, 132 S.Ct. at 1320 ("The rule of Coleman governs in all but the limited circumstances recognized here."); see also Trevino, 133 S.Ct. at 1921 (applying Martinez's "narrow exception" to Coleman's general rule); Arthur, 739 F.3d at 630.
Given the narrow scope of the Martinez rule, we now explain the many, alternative reasons why any attempt by Lambrix to raise ineffective-trial-claims based on Martinez would be a futile undertaking.
First, the Martinez rule relates to excusing a procedural default of ineffective-trial-counsel claims in an initial § 2254 petition and does not apply to cases like Lambrix's — where ineffective-trial-counsel
Lambrix's ineffective-trial-counsel claims in his initial § 2254 petition were not dismissed for any reason — procedural default, untimeliness, or any other reason. To the contrary, in reviewing Lambrix's initial, counseled § 2254 petition, the district court concluded — over the State's objections — that Lambrix's ineffective-trial-counsel claims were not procedurally defaulted. The district court then reviewed the merits of all of Lambrix's ineffective-trial-counsel claims, and this Court reviewed the merits of those claims on appeal. Thus, the narrow, equitable, nonconstitutional exception to Coleman's holding announced in Martinez is wholly inapplicable to Lambrix's case. And, any attempt to use Martinez to raise or reraise ineffective-trial-counsel claims would be futile.
Second, Lambrix's proposed ineffective-trial-counsel claims are futile because they are impermissibly successive under 28 U.S.C. § 2244(b), and Martinez does not allow Lambrix to overcome the statutory bar against filing successive § 2554 petitions.
Lambrix already raised ineffective-trial-counsel claims in his initial § 2254 petition in 1992. Therefore, § 2244(b) precludes Lambrix's attempt to re-raise those claims in a successive § 2254 petition. See 28 U.S.C. § 2244(b)(1).
And, to the extent that any of Lambrix's ineffective-trial-counsel claims were not raised in his initial § 2254 petition, § 2244(b) precludes Lambrix's attempt to raise those claims now.
Thus, even assuming that Martinez somehow applied to Lambrix's case, Lambrix's request for the appointment of counsel to file ineffective-trial-counsel claims would be futile because Martinez did not relieve Lambrix of his burden to meet the statutory requirements for claims in a successive § 2254 petition.
To the extent that Lambrix seeks to raise new ineffective-trial-counsel claims, Lambrix's proposed claims are time-barred under 28 U.S.C. § 2244(d), and Martinez does not alter the statutory bar against filing untimely § 2554 petitions.
A one-year limitations period applies to Lambrix's proposed claims. See 28 U.S.C. § 2244(d). That limitations period has many alternative triggering events. There are two potentially relevant triggering events applicable to Lambrix's case: (1) "the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review" and (2) "the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been ... made retroactively applicable to cases on collateral review." See 28 U.S.C. § 2244(d)(1)(A), (C).
Lambrix has not satisfied the conditions of the "final judgment" triggering event in § 2244(d)(1)(A). The one-year limitations period applicable to that statutory provision expired many years ago, certainly by the time the district court denied his initial § 2254 petition in 1992. Thus, any attempt to raise new ineffective-trial-counsel claims 20 years later would be blocked by AEDPA's time bar. And, Lambrix cannot seek equitable tolling of the limitations period based on Martinez because "we have rejected the notion that anything in Martinez provides a basis for equitably tolling the filing deadline." Chavez, 742 F.3d at 946-47 ("[B]inding precedent forecloses any argument that Martinez can excuse or equitably toll that limitations period...."); Arthur, 739 F.3d at 630 (concluding that the Martinez decision has no application to the operation or tolling of the § 2244(d) statute of limitations).
The "constitutional right" triggering event in § 2244(d)(1)(C) is also inapplicable to Lambrix's Martinez-based claims because Martinez did not announce a new rule of constitutional law. See Chavez, 742 F.3d at 946-47 ("Martinez did not announce a new rule of constitutional law."); Arthur, 739 F.3d at 629 ("The Martinez rule is not a constitutional rule but an equitable principle.").
Thus, to the extent that Lambrix seeks to raise new ineffective-trial-counsel claims, there is no scenario under which those claims could be timely filed. Therefore — even assuming (1) Martinez somehow applied to Lambrix's case and (2) his claims were not impermissibly successive — Lambrix's request for the appointment of counsel to file his ineffective-trial-counsel claims would be futile because Martinez did not relieve or alter Lambrix's burden to file his claims within the statutory limitations period.
To the extent that Lambrix seeks counsel to help him investigate and litigate a Martinez-based claim of ineffective assistance of state collateral counsel, Lambrix was not entitled to the appointment of federal counsel because that claim would be futile. See Chavez, 742 F.3d at 944, 946-47.
Martinez did not, as Lambrix seems to suggest, create a freestanding claim for challenging a conviction or sentence based on the alleged ineffective assistance of state post-conviction counsel.
Thus, any attempt to investigate and present a claim for relief based on the ineffective assistance of state collateral counsel would be futile because a claim of ineffective assistance of state collateral counsel does not constitute a valid ground for habeas relief. Chavez, 742 F.3d at 944-45 (citing 28 U.S.C. § 2261(e) and Coleman, 501 U.S. at 752, 111 S.Ct. at 2566).
For the many reasons outlined above, appointing counsel to investigate and raise ineffective-trial-counsel claims in a successive § 2254 petition would be futile and would not serve the interests of justice. See Martel, 132 S.Ct. at 1284, 1289; Chavez, 742 F.3d at 944-46. Thus, to the extent that Lambrix seeks substitute federal counsel to investigate and litigate, under the Martinez rule, ineffective-trial-counsel claims that would otherwise be procedurally barred, Lambrix is not entitled to such counsel.
And, to the extent that Lambrix seeks the appointment of new counsel under § 3599, his request is futile for many of the reasons discussed above and the district court did not err in denying his request for such counsel.
The Martinez rule did not change the law in any way related to Lambrix's case. Lambrix's proposed claims are wholly futile for reasons unrelated to the merits of any substantive ineffective-assistance-of-trial-counsel claim. Therefore, we affirm the denial of Lambrix's request for the appointment of federal counsel to pursue his Martinez-based claims.
For the past thirty years, Lambrix has challenged the judgment of his convictions and two sentences of death entered against him by a Florida court in 1984. The litigation has gone on for too long. He has no viable federal remedies left for overturning his convictions or death sentences.
Lambrix's petition seeks review of this Court's October 25, 2013 decision which denied his request for a COA on the issue of whether the district court erred in dismissing his construed second or successive § 2254 petition for failure to comply with the requirements in 28 U.S.C. § 2244(b)(3)(A).