Trevino v. Stephens, 10–70004.
| Citation | 740 F.3d 378 |
| Decision Date | 21 January 2014 |
| Docket Number | No. 10–70004.,10–70004. |
| Parties | Carlos TREVINO, Petitioner–Appellant, v. William STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent–Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
OPINION TEXT STARTS HERE
Warren Alan Wolf, Law Office of Warren Alan Wolf, John Joseph Ritenour, Jr., Esq., Ritenour Law Firm, P.C., San Antonio, TX, for Petitioner–Appellant.
Andrew S. Oldham, Deputy Solicitor General, Office of the Attorney General, Office of the Solicitor General, Fredericka Searle Sargent, Assistant Attorney General, Office of the Attorney General, James Patrick Sullivan, Office of the Attorney General, Office of the Solicitor General, Austin, TX, for Respondent–Appellee.
Appeal from the United States District Court for the Western District of Texas.
Before DAVIS, SMITH, and DENNIS, Circuit Judges.
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
In light of the Supreme Court's decision in Trevino v. Thaler, –––U.S. ––––, 133 S.Ct. 1911, 185 L.Ed.2d 1044 (2013), we remand to the district court for full reconsideration of the Petitioner's ineffective assistance of counsel claim in accordance with both Trevino and Martinez v. Ryan, –––U.S. ––––, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012). If the Petitioner requests it, the district court may in its discretion stay the federal proceeding and permit the Petitioner to present his claim in state court.
To continue reading
Request your trial
-
In re Misconduct
...Circuit likewise remanded Trevino to the district court for reconsideration of his ineffective assistance claim. Trevino v. Stephens, 740 F.3d 378, 378 (5th Cir.2014). 5. Summary. In sum, we find that there were a number of matters involving the individuals whom Judge Jones discussed that w......
-
Canales v. Stephens
...the district court. See Balentine v. Stephens, 553 Fed.Appx. 424, 425 (5th Cir.2014) (per curiam) (unpublished); Trevino v. Stephens, 740 F.3d 378 (5th Cir.2014) (per curiam). Thus, we hold that Canales has established cause to excuse the procedural default of his claim of ineffective assis......
-
In re Charges of Judicial Misconduct
...Circuit likewise remanded Trevino to the district court for reconsideration of his ineffective assistance claim. Trevino v. Stephens, 740 F.3d 378, 378 (5th Cir.2014).5. Summary. In sum, we find that there were a number of matters involving the individuals whom Judge Jones discussed that we......
-
Abdur'Rahman v. Carpenter
...the matter is REMANDED for proceedings consistent with the Supreme Court's opinion.”); Trevino, 133 S.Ct. at 1921, on remand, 740 F.3d 378, 378 (5th Cir.2014) (“[W]e remand to the district court for full reconsideration of the Petitioner's ineffective assistance of counsel claim in accordan......