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TREVINO v. STEPHENS, 740 F.3d 378 (2014)

Court: Court of Appeals for the Fifth Circuit Number: infco20140121111 Visitors: 33
Filed: Jan. 21, 2014
Latest Update: Jan. 21, 2014
Summary: ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES PER CURIAM: 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 t
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ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:

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.

Source:  Leagle

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