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Ibarra v. Texas

Petition for certiorari denied on June 30, 2014
Docket No. Op. Below Argument Opinion Vote Author Term
13-999 Tex. App. N/A N/A N/A N/A OT 2013

Issue: (1) Whether the Texas Court of Appeals erred in applying Teague v. Lane without engaging in a proper analysis as to whether the constitutional right recognized in Padilla v. Kentucky was a watershed rule of criminal procedure, and by not recognizing that Padilla applies to affirmative misadvice as well as no advice, while the no retroactive application of Chaidez v. United States only applies to the “no advice” part of Padilla; and (2) whether pursuant to the clearly established precedent of Martinez v. Ryan and Trevino v. Thaler, the Texas Court of Appeals erred in applying the “new rule v. old rule” threshold question of Teague to an ineffective assistance of counsel (IAC) claim that is the functional equivalent of a direct appeal.

DateProceedings and Orders (key to color coding)
Feb 18 2014Petition for a writ of certiorari filed. (Response due March 24, 2014)
Apr 9 2014DISTRIBUTED for Conference of April 25, 2014.
Apr 22 2014DISTRIBUTED for Conference of May 15, 2014.
Jun 10 2014DISTRIBUTED for Conference of June 26, 2014.
Jun 30 2014Petition DENIED.