Ivan Cantu v. Rick Thaler, Director, No. 09-70017 (5th Cir. 2012)Annotate this Case
This opinion or order relates to an opinion or order originally issued on January 26, 2011.
Case: 09-70017 Document: 00511874855 Page: 1 Date Filed: 06/01/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED June 1, 2012 No. 09-70017 Lyle W. Cayce Clerk IVAN ABNER CANTU, Petitioner - Appellant, v. RICK THALER, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION, Respondent - Appellee, Appeal from the United States District Court for the Eastern District of Texas ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before STEWART, CLEMENT, and OWEN, Circuit Judges. PER CURIAM: In our earlier consideration of this case, we affirmed the district court s dismissal of Cantu s petition for federal habeas relief. See Cantu v. Thaler, 632 F.3d 157 (5th Cir. 2011). Among other grounds for relief, Cantu argued that he had received ineffective assistance of counsel at trial. We held that this claim was procedurally defaulted, and that Cantu s contention that his state habeas counsel was ineffective did not constitute cause for the procedural default. The Case: 09-70017 Document: 00511874855 Page: 2 Date Filed: 06/01/2012 No. 09-70017 Supreme Court has remanded the case for us to consider the effect of Martinez v. Ryan, 566 U.S. ___ (2012) on our holding. IT IS ORDERED that this matter be remanded to the district court so that the district court may decide in the first instance the impact of Martinez v. Ryan on Cantu s contention that he had cause for his procedural default. 2