|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|11-10189||5th Cir.||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.
|Date||Proceedings and Orders |
|Apr 30 2012||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 6, 2012)|
|Jun 5 2012||Order extending time to file response to petition to and including August 6, 2012.|
|Jun 6 2012||Brief amici curiae of Former Federal Judges filed.|
|Aug 6 2012||Brief of respondent Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.|
|Aug 16 2012||DISTRIBUTED for Conference of September 24, 2012.|
|Aug 30 2012||DISTRIBUTED for Conference of September 24, 2012.|
|Sep 1 2012||Reply of petitioner Carlos Trevino filed. (Distributed)|
|Oct 11 2012||DISTRIBUTED for Conference of October 26, 2012.|
|Oct 29 2012||Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to Question 1 presented by the petition.|
|Dec 6 2012||Consent to the fiiing of amicus curiae briefs , in support of either party or of neither party, received from counsel for the respondents.|
|Dec 13 2012||Joint appendix filed. (Statement of costs filed.)|
|Dec 13 2012||Brief of petitioner Carlos Trevino filed.|
|Dec 18 2012||SET FOR ARGUMENT ON Monday, February 25, 2013.|
|Dec 19 2012||Brief amici curiae of University of Texas School of Law Capital Punishment Clinic, et al. filed.|
|Dec 20 2012||Brief amicus curiae of State Bar of Texas in support of neither party filed.|
|Jan 4 2013||CIRCULATED.|
|Jan 14 2013||Brief of respondent Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division filed. (Distributed)|
|Jan 16 2013||Record received from U.S.C.A. for 5th Circuit. (1 box)|
|Jan 22 2013||Brief amici curiae of Utah and 24 Other States filed. (Distributed)|
|Jan 22 2013||Brief amici curiae of Families of Linda Salinas and Other Crime Victims filed. (Distributed)|
|Jan 22 2013||Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)|
|Jan 30 2013||Record from U.S.D.C. for Western District of Texas is electronic.|
|Jan 30 2013||Supplemental Record (sealed documents) recieved from U.S.D.C. for Western District of Texas.|
|Feb 13 2013||Reply of petitioner Carlos Trevino filed. (Distributed)|
|Feb 25 2013||Argued. For petitioner: Warren A. Wolf, San Antonio, Tex. For respondent: Andrew S. Oldham, Deputy Solicitor General, Austin, Tex.|
|Mar 1 2013||Motion to appoint counsel filed by petitioner Carlos Trevino.|
|Mar 13 2013||Motion DISTRIBUTED for Conference of March 29, 2013.|
|Apr 1 2013||Motion 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 2013||Judgment 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 2013||JUDGMENT ISSUED.|
|Jul 2 2013||Record returned to the U.S.C.A. for the 5th Circuit 1 box.|
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