# Ramiro Ibarra v. Rick Thaler, Director

> Court of Appeals for the Fifth Circuit · August 17, 2012 · 691 F.3d 677

URL: https://www.frixlaw.com/law-library/cases/9501166

## Case

- **Full name:** Ramiro Rubi IBARRA, Petitioner-Appellant, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** August 17, 2012
- **Citations:** 691 F.3d 677; 2012 U.S. App. LEXIS 17323; 2012 WL 3537826
- **Precedential status:** Published
- **Opinion:** Dissent by Graves
- **Judges:** Jones, Haynes, Graves
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Vacated in part by Ramiro Ibarra v. Rick Thaler, Director, 723 F.3d 599 (2013).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9501166

## How later opinions describe it (automated extraction)

- rejecting petitioner’s argument that new affidavits were admissible because they supplemented rather than fundamentally altered his state court claim
- noting that Article 11.071, Section 5, is an "adequate" state procedural ground for purposes of applying Coleman

## Opinion text

GRAVES, Circuit Judge,
dissenting:
I disagree with the majority’s finding that Ibarra’s ineffective assistance of counsel claim is defaulted. The majority rejects Ibarra’s reliance on Martinez v. Ryan, — U.S.-, 132 S.Ct. 1309 , 182 L.Ed.2d 272 (2012), for the reasons explained in a June 28, 2012, order in this case. Because I continue to disagree for the reasons explained in my separate opinion to that order, I respectfully dissent. See Ibarra v. Thaler, 687 F.3d 222 (5th Cir.2012)(Graves, J., dissenting in part).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9501166. Public record. Not legal advice.