William Rayford v. William Stephens, Director ( 2014 )

Case: 12-70004 Document: 00512507283 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. 12-70004
Lyle W. Cayce
Clerk
WILLIAM EARL RAYFORD,
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 Northern District of Texas
USDC No. 3:06-CV-00978
Before HIGGINBOTHAM, DAVIS, and ELROD, 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.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.