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Trevino v. Thaler

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Docket No. Op. Below Argument Opinion Vote Author Term
11-10189 5th Cir. Feb 25, 2013
 May 28, 2013 5-4 Breyer OT 2012

Holding: When, as here, a state’s procedural framework, by reason of its design and operation, makes it highly unlikely in a typical case that a defendant will have a meaningful opportunity to raise on direct appeal a claim that his trial counsel provided ineffective assistance, the good cause exception recognized in Martinez v. Ryan applies.

Judgment: Vacated and remanded, 5-4, in an opinion by Justice Breyer on May 28, 2013. The Chief Justice filed a dissenting opinion in which Justice Alito joined. Justice Scalia filed a dissenting opinion in which Justice Thomas joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 30 2012Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 6, 2012)
Jun 5 2012Order extending time to file response to petition to and including August 6, 2012.
Jun 6 2012Brief amici curiae of Former Federal Judges filed.
Aug 6 2012Brief of respondent Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
Aug 16 2012DISTRIBUTED for Conference of September 24, 2012.
Aug 30 2012DISTRIBUTED for Conference of September 24, 2012.
Sep 1 2012Reply of petitioner Carlos Trevino filed. (Distributed)
Oct 11 2012DISTRIBUTED for Conference of October 26, 2012.
Oct 29 2012Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition.
Dec 6 2012Consent to the fiiing of amicus curiae briefs , in support of either party or of neither party, received from counsel for the respondents.
Dec 13 2012Joint appendix filed. (Statement of costs filed.)
Dec 13 2012Brief of petitioner Carlos Trevino filed.
Dec 18 2012SET FOR ARGUMENT ON Monday, February 25, 2013.
Dec 19 2012Brief amici curiae of University of Texas School of Law Capital Punishment Clinic, et al. filed.
Dec 20 2012Brief amicus curiae of State Bar of Texas in support of neither party filed.
Jan 4 2013CIRCULATED.
Jan 14 2013Brief of respondent Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division filed. (Distributed)
Jan 16 2013Record received from U.S.C.A. for 5th Circuit. (1 box)
Jan 22 2013Brief amici curiae of Utah and 24 Other States filed. (Distributed)
Jan 22 2013Brief amici curiae of Families of Linda Salinas and Other Crime Victims filed. (Distributed)
Jan 22 2013Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)
Jan 30 2013Record from U.S.D.C. for Western District of Texas is electronic.
Jan 30 2013Supplemental Record (sealed documents) recieved from U.S.D.C. for Western District of Texas.
Feb 13 2013Reply of petitioner Carlos Trevino filed. (Distributed)
Feb 25 2013Argued. For petitioner: Warren A. Wolf, San Antonio, Tex. For respondent: Andrew S. Oldham, Deputy Solicitor General, Austin, Tex.
Mar 1 2013Motion to appoint counsel filed by petitioner Carlos Trevino.
Mar 13 2013Motion DISTRIBUTED for Conference of March 29, 2013.
Apr 1 2013Motion to appoint counsel filed by petitioner GRANTED. Warren A. Wolf, Esquire, of San Antonio, Texas, is appointed to serve as counsel for the petitioner in this case.
May 28 2013Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion for the Court, in which Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Alito, J., joined. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined.
Jul 1 2013JUDGMENT ISSUED.
Jul 2 2013Record returned to the U.S.C.A. for the 5th Circuit 1 box.