Ivan Cantu v. Rick Thaler, Director , 682 F.3d 1053 ( 2012 )

Case: 09-70017 Document: 00511874855 Page: 1 Date Filed: 06/01/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
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