Butler’s Ineffective Assistance Claim We also granted a COA on Butler’s claim that his trial counsel was ineffective for failing to investigate and raise: (1) Butler’s competence to stand trial, and (2) mitigation evidence regarding Butler’s mental state during the penalty phase of his capital trial. The district court rejected this claim as procedurally defaulted. See Butler, 576 F.Supp.2d at 828. The claim was not raised in Butler’s initial state habeas proceeding and, relying on then-current.precedent, the district court held that Butler could make no claim for ineffective assistance of state habeas counsel for failure to raise the ineffedive-assis-tance-of-trial-counsel claim. Id. at- 829-30 (citing Coleman v. Thompson, 501 U.S. 722, 752-53, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991) (<HOLDING>) and Martinez v. Johnson, 255 F.3d 229, 241
holding attorney general could not contract on behalf of the state to employ an assistant attorney beyond the attorney generals own term holding that there is no federal or colorado constitutional right to postconviction counsel but there is a limited statutory right holding there is no constitutional right to an attorney much less an effective attorney in state postconviction proceedings recognizing constitutional right to effective counsel holding an arrestee has the right to contact an attorney but not a specific attorney who is unavailable when called