William Rayford v. William Stephens, Director

Opinion

Case: 12-70004 Document: 00512507283 Page: 1 Date Filed: 01/21/2014

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED January 21, 2014 No. 12-70004 Lyle W. Cayce Clerk WILLIAM EARL RAYFORD,

Petitioner-Appellant, v.

WILLIAM STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division,

Respondent-Appellee.

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:06-CV-00978

Before HIGGINBOTHAM, DAVIS, and ELROD, Circuit Judges. PER CURIAM: * In light of the Supreme Court’s decision in Trevino v. Thaler, 133 S. Ct. 1911 (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, 132 S. Ct. 1309 (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.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.