davila
davis
director
texas
department
criminal
justice
correctional
institutions
division
argued
april
decided
june
petitioner
state
capital
murder
trial
trial
overruled
counsel
objection
proposed
jury
instruction
submitted
instruction
jury
convicted
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appellate
counsel
challenge
jury
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conviction
sentence
affirmed
petitioner
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habeas
counsel
raise
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counsel
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raise
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state
habeas
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habeas
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martinez
ryan
trevino
thaler
petitioner
argued
state
habeas
counsel
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raise
claim
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cause
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claim
district
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martinez
trevino
apply
exclusively
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fifth
circuit
denied
certificate
appealability
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claims
pp
coleman
thompson
held
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underlying
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rule
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courts
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review
host
defaulted
claims
trial
error
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habeas
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state
convictions
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courts
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system
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claims
heard
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solely
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petitioner
proposed
rule
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fed
appx
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thomas
delivered
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roberts
kennedy
alito
gorsuch
joined
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filed
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sotomayor
kagan
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print
reports
readers
requested
notify
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washington
typographical
formal
errors
order
corrections
may
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preliminary
print
goes
press
erick
daniel
davila
petitioner
lorie
davis
director
texas
department
criminal
justice
correctional
institutions
division
writ
certiorari
appeals
fifth
circuit
june
justice
thomas
delivered
opinion
federal
habeas
courts
reviewing
convictions
state
courts
consider
claims
state
refused
hear
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prisoner
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qualify
cause
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unless
error
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counsel
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right
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proceedings
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coleman
thompson
martinez
ryan
trevino
thaler
announced
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rule
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counsel
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default
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claim
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trial
counsel
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context
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effectively
requires
defendant
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claim
state
postconviction
proceedings
rather
direct
appeal
question
case
whether
extend
exception
allow
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courts
consider
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kind
defaulted
claim
ineffective
assistance
appellate
counsel
decline
april
group
family
friends
gathered
annette
stevenson
home
celebrate
granddaughter
birthday
petitioner
erick
daniel
davila
believing
seen
member
rival
street
gang
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fired
rifle
group
eating
cake
ice
cream
shot
killed
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granddaughter
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confessed
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son
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father
jerry
stevenson
guys
porch
app
guys
porch
apparently
women
state
indicted
petitioner
capital
murder
tex
penal
code
ann
west
makes
capital
crime
murde
one
person
criminal
transaction
response
jury
request
clarification
deliberations
trial
proposed
instructing
jury
transferred
intent
doctrine
jury
find
petitioner
guilty
murder
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intended
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person
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petitioner
counsel
objected
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instruction
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trial
judge
wait
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jury
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ca
reach
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app
trial
overruled
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instruction
jury
jury
convicted
petitioner
capital
murder
trial
sentenced
petitioner
death
petitioner
appealed
conviction
sentence
although
appellate
counsel
argued
state
presented
insufficient
evidence
show
acted
requisite
intent
counsel
challenge
instruction
transferred
intent
texas
criminal
appeals
affirmed
petitioner
conviction
sentence
davila
state
wl
cert
denied
petitioner
next
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habeas
relief
texas
state
counsel
challenge
instruction
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intent
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failure
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counsel
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alleged
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error
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appeal
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criminal
appeals
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parte
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wl
apr
cert
denied
petitioner
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habeas
relief
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district
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argued
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counsel
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instruction
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intent
petitioner
conceded
failed
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claim
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habeas
petition
argued
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result
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habeas
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trevino
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habeas
attorney
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davila
stephens
wl
nd
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appx
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martinez
trevino
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affirm
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convictions
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state
prisoner
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habeas
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ting
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second
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may
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claims
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claims
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denied
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kindler
important
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haley
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prisoner
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coleman
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mccleskey
zant
state
prisoner
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law
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claims
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counsel
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appeal
state
procedural
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see
also
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criminal
trial
enjoys
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art
iii
amdt
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michigan
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ended
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petitioner
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rule
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cases
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stronger
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instances
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appellate
counsel
therefore
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petitioner
expanded
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petitioner
proposed
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claim
trial
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state
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prisoners
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claims
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acknowledged
martinez
nothing
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petitioner
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trial
counsel
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proceedings
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lee
corsini
martinez
trevino
apply
massachusetts
henness
bagley
martinez
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ohio
applied
martinez
claims
appellate
ineffectiveness
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harrington
richter
quoting
harris
reed
kennedy
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offenders
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thompson
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mccleskey
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expanding
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habeas
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engle
supra
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supra
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affirm
judgment
appeals
ordered
breyer
dissenting
erick
daniel
davila
petitioner
lorie
davis
director
texas
department
criminal
justice
correctional
institutions
division
writ
certiorari
appeals
fifth
circuit
june
justice
breyer
justice
ginsburg
justice
sotomayor
justice
kagan
join
dissenting
explains
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quoting
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evitts
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ii
said
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appeal
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strickland
washington
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evitts
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appeal
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rich
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criminal
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martinez
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coleman
thompson
evitts
supra
douglas
supra
fact
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department
justice
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nearly
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dept
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justice
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also
brief
national
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al
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curiae
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scalia
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footnotes
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claims
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claims
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lafave
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criminal
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ed