Fifth Circuit: Carlos Trevino v. Lorie Davis, Director

Habeas


Petitioner permitted to appeal denial of federal Habeas, as the trial Ineffective Assistance claim was not necessarily defaulted in state Habeas, given the Ineffective Assistance provided on initial collateral appeal, and while the lack of mitigation investigation at trial should have put initial collateral counsel on notice of claim (cause), the investigation that was done reveals enough of a claim to suggest that the error was dispositive (prejudice) as to the key aggravating factor.


Carlos Trevino v. Lorie Davis, Director