X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:09-CV-2702

Before STEWART, Chief Judge, and JOLLY and CLEMENT, Circuit Judges.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM [*]

On June 19, 2012 we denied Gates’s application for a certificate of appealability because, among other things, he had procedurally defaulted upon five of his six underlying claims, and we were bound by our precedent which held “that ineffective assistance of habeas counsel cannot provide cause for a procedural default.” Martinez v. Johnson, 255 F.3d 229, 241 (5th Cir. 2001). We concluded that given “material distinctions” between Texas and Arizona procedures for direct appellate review, the Supreme Court’s decision in Martinez v. Ryan, __ U.S. __, 132 S.Ct. 1309 (2012), did not control our disposition of Gates’s application. Gates v. Thaler, 476 F.App’x 336, 342 (5th Cir. 2012) (per curiam) (unpublished); see also Ibarra v. Thaler, 687 F.3d 222 (5th Cir. 2012) (reaching the same conclusion in a precedential opinion less than two weeks later).

After our opinion was issued, the Supreme Court held in Trevino v. Thaler, __ U.S. __, 133 S.Ct. 1911, 1921 (2013), that the rule from Martinez v. Ryan does apply in collateral challenges to Texas convictions. The Supreme Court granted certiorari to Gates, vacated our judgment, and remanded for further consideration in the light of Trevino. See Gates v. Thaler , __ U.S. __, 133 S.Ct. 2764–65 (2013). In light of the Supreme Court’s order, we GRANT Gates’s application for a COA and REMAND to the district court for reconsideration of Gates’s five procedurally defaulted claims in light of Trevino. We also DENY the Director’s petition for rehearing.

———

Notes:

[*] Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

———

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More

McCarter & English, LLP is actively seeking a litigation associate for its office located in Hartford, CT. One to three years of experie...


Apply Now ›

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...


Apply Now ›

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...


Apply Now ›