Ramiro Ibarra v. Rick Thaler, Director

I agree that the Supreme Court’s recent decision in Trevino v. Thaler, 133 S.Ct. 1911 (2013), requires us to vacate our prior decision, grant Ibarra’s certificate of appealability (COA), and remand to the district court for the appropriate application of Martinez v. Ryan, — U.S. —, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012).2 The trial court should, in the first instance, be allowed to apply Martinez in accordance with Trevino. See Cantu v. Thaler, 682 F.3d 1053 (5th Cir.2012)

However, I disagree with the majority’s inclusion of the language that “in all other respects, the majority and dissenting…