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Trevino v. Thaler

Docket No.11-10189
Op. Below5th Cir.
ArgumentFeb 25, 2013
Vote5-4
AuthorStephen G. Breyer
OpinionMay 28, 2013
TermOctober Term 2012
SCOTUS PageOpinion

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 Stephen G. 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.

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.

Proceedings & orders timeline

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 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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