Ivan Cantu v. Rick Thaler, Director
Opinion
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
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 *1054 defaulted, and that Cantu’s contention that his state habeas counsel was ineffective did not constitute cause for the procedural default. The Supreme Court has remanded the case for us to consider the effect of Martinez v. Ryan, 566 U.S.-, 132 S.Ct. 1309, 182 L.Ed.2d 272 (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.
Reference
- Full Case Name
- Ivan Abner CANTU, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee
- Cited By
- 9 cases
- Status
- Published