FILED
NOT FOR PUBLICATION SEP 30 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANSELL MATRIA JORDAN, No. 12-16975
Petitioner - Appellant, D.C. No. 3:05-cv-00300-ECR-
WGC
v.
CRAIG FARWELL; NEVADA MEMORANDUM*
ATTORNEY GENERAL; DIRECTOR,
NEVADA DEPARTMENT OF
CORRECTIONS,
Respondents - Appellees.
Appeal from the United States District Court
for the District of Nevada
Edward C. Reed, Jr., Senior District Judge, Presiding
Argued and Submitted September 12, 2014
San Francisco, California
Before: SCHROEDER and W. FLETCHER, Circuit Judges, and CURIEL, District
Judge.**
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable Gonzalo P. Curiel, United States District Judge for the
Southern District of California, sitting by designation.
Habeas petitioner Ansell Matria Jordan argues that he is entitled to have his
procedural default excused under Martinez v. Ryan, 132 S. Ct. 1309 (2012). The
underlying claim is that petitioner’s trial counsel was ineffective in failing to cross-
examine principal witnesses about prior sexual assaults by others on the victim.
The district court, without applying Martinez, found that petitioner’s claims
were procedurally defaulted. The district court also looked at the underlying claim,
however, and found it to be without merit. We agree. Even assuming that
petitioner could demonstrate cause and prejudice under Martinez to excuse his
procedural default, his claim would nonetheless fail on the merits. The prior
sexual assaults represent the type of evidence rendered inadmissable under
Nevada’s rape shield law, Nev. Rev. Stat. § 50.090. Moreover, there is no
reasonable probability that the admission of such evidence would have changed the
result of petitioner’s trial, given the physical evidence and corroborating testimony.
The district court’s decision is therefore AFFIRMED.
2