Trevino v. Thaler - 11-10189 (2013)
SUPREME COURT OF THE UNITED STATES
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).