SEARCH

Gates v. Stephens

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 Gates v. Thaler, 476 F.App’x 336, 342 (5th Cir. 2012) (per curiam) (unpublished); see also Ibarra v. Thaler, 687 F.3d 222 (5th Cir. 2012) (reaching the same conclusion in a precedential opinion less than two weeks later).}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^{[*] Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.}

^———

More From ALM

Premium Subscription

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

Bundle Subscriptions

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

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

General Counsel Conference Midwest: SuperConference 2025

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

ThinkAdvisor LUMINARIES Awards 2024

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

Complex Claims & Litigation Forum 2025

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

LAND USE ATTORNEY - WESTPORT-CONNECTICUT

Berchem Moses PC, a prominent Connecticut law firm with offices in Milford and Westport, is actively recruiting candidates for the following...

Apply Now ›

Litigation Associate Attorney

Berchem Moses PC, a prominent Connecticut law firm with offices in Milford and Westport, is actively recruiting candidates for the following...

Apply Now ›

Labor and Employment Attorney-CT

Berchem Moses PC, a prominent Connecticut law firm with offices in Milford and Westport, is actively recruiting candidates for the following...

Apply Now ›