Trevino v. Thaler
569 U.S. ___ (2013)

Annotate this Case

SUPREME COURT OF THE UNITED STATES

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No. 11–10189

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CARLOS TREVINO, PETITIONER v. RICK THALER, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION

on writ of certiorari to the united states court of appeals for the fifth circuit

[May 28, 2013]

     Justice Scalia, with whom Justice Thomas joins, dissenting.

     I dissent for the reasons set forth in my dissent in Martinez v. Ryan, 566 U. S. 1 (2012) . That opinion sought to minimize the impact of its novel holding as follows:

“Our holding here addresses only the constitutional claims presented in this case, where the State barred the defendant from raising the claims on direct appeal.’’ Id., at ___ (slip op., at 14).

I wrote in my dissent:

“That line lacks any principled basis, and will not last.’’ Id., at ___ (slip op., at 2, n. 1).

The Court says today:

“Texas law on its face appears to permit (but not require) the defendant to raise the claim on direct appeal. Does this difference matter?’’ “[W]e can find no significant difference between this case and Martinez.’’ Ante, at 8, 13 (emphasis removed).

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