Ramiro Ibarra v. Rick Thaler, Director
This text of 723 F.3d 599 (Ramiro Ibarra v. Rick Thaler, Director) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinions
ORDER
Treating the Appellant’s motion for en banc rehearing as a motion for panel rehearing, and given the Supreme Court’s recent decision in Trevino v. Thaler, — U.S. —, 133 S.Ct. 1911, 185 L.Ed.2d 1044 (2013), the court GRANTS the motion for rehearing in part.1 We hereby VACATE our prior panel decision only to the extent inconsistent with Trevino and grant a COA only to that extent; in all other respects, the majority and dissenting opinions remain in effect. In light of this new authority, we VACATE the district court’s order to the extent inconsistent with Trevino and REMAND to the district court for proceedings consistent herewith.
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723 F.3d 599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramiro-ibarra-v-rick-thaler-director-ca5-2013.