Trevino v. Stephens

Fifth Circuit

Trevino v. Stephens

740 F.3d 378, 2014 WL 223590, 2014 U.S. App. LEXIS 1131

Court of Appeals for the Fifth Circuit·Decided January 21, 2014·No. No. 10-70004·Published·Cited by 8 cases

Opinion

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAIH:

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.

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ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAIH:

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.

Trevino v. Stephens, 740 F.3d 378, 2014 WL 223590, 2014 U.S. App. LEXIS 1131 (5th Cir. 2014).

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Opinion

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