Ibarra v. Thaler, No. 11-70031 (5th Cir. 2012)
Annotate this CasePetitioner filed a motion to vacate the district court's judgment denying his petition for habeas relief in light of the Supreme Court's decision in Martinez v. Ryan. Petitioner argued that Martinez invalidated the district court's conclusion that he procedurally defaulted on his certificate of appealability issues. The court concluded that Texas procedures did not mandate that ineffectiveness claims be heard in the first instance in habeas proceedings and they did not by law deprive Texas defendants of counsel-and court-driven guidance in pursuing ineffectiveness claims. Therefore, the court held that petitioner was not entitled to the benefit of Martinez for his ineffectiveness claims, as Texas procedures entitled him to review through counselled motions for new trial and direct appeal. Accordingly, the court denied petitioner's motion to vacate the district court's judgment.
This opinion or order relates to an opinion or order originally issued on July 6, 2012.
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