Carlos Trevino v. William Stephens, Director, No. 10-70004 (5th Cir. 2014)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on November 14, 2011.
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Case: 10-70004 Document: 00512507088 Page: 1 Date Filed: 01/21/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED January 21, 2014 No. 10-70004 Lyle W. Cayce Clerk CARLOS TREVINO, Petitioner-Appellant, v. WILLIAM STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee. Appeal from the United States District Court for the Western District of Texas ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before DAVIS, SMITH, and DENNIS, Circuit Judges. PER CURIAM: In light of the Supreme Court s decision in Trevino v. Thaler, 133 S. Ct. 1911 (2013), we remand to the district court for full reconsideration of the Petitioner s ineffective assistance of counsel claim in accordance with both Trevino and Martinez v. Ryan, 132 S. Ct. 1309 (2012). If the Petitioner requests it, the district court may in its discretion stay the federal proceeding and permit the Petitioner to present his claim in state court.
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