Trevino v. Thaler
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-10189 | 5th Cir. |
Feb 25, 2013 |
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.
SCOTUSblog Coverage
- Opinion analysis: A Texas- (and capital-)specific result to usher in a new wave of case law? (Steve Vladeck, May 29, 2013)
- Argument recap: Not-so-amusing uncertainty over capital post-conviction procedure in Texas (Steve Vladeck, February 26, 2013)
- Argument preview: On the vagaries of post-conviction capital criminal procedure in Texas (Steve Vladeck, February 22, 2013)
| 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. |
