Trevino v. Stephens

Key passage — most relied on by later courts

“In Trevino itself, the district court had alternatively ruled that the IATC claims failed to demonstrate the necessary prejudice. This merits ruling did not deter the Supreme Court from using Trevino as a vehicle for promulgating an expansion of the procedural default exception created by Martinez. And on remand from the Supreme Court, the Fifth Circuit did not reaffirm the district court based on the alternative merits ruling, but instead remanded the whole matter back to the district court for “full reconsideration of the Petitioner’s ineffective assistance of counsel claim.” [Petitioner] has thus far been unable to obtain an evidentiary hearing on his IATC claims in either state post-conviction proceedings or federal habeas proceedings. This absence of factual development (which nullifies a key advantage of bringing such IATC claims in collateral proceedings) hamstrings this court’s ability to determine whether “there is a reasonable probability that, but' for counsel’s unprofessional errors, the result of the proceeding would have been different.” We therefore remand this matter back to the district court for a “full reconsideration” of the four IATC claims that were not previously presented to the Kentucky courts in collateral proceedings and consideration of whether to conduct an evidentiary hearing. This reconsideration would first address whether [Petitioner] can demonstrate (1) the absence or ineffective assistance of his post-conviction counsel and (2) the “substant”

quoted by 1 later decision, including Abdur'Rahman v. Carpenter