Ramiro Ibarra v. Rick Thaler, Director, 691 F.3d 677

Background

Ibarra, an illegal alien, was convicted of capital murder and sentenced to death after DNA linked him to the 16-year-old victim, Maria De La Paz Zuniga.
A prior warrant issue on blood and hair samples delayed accountability for nearly a decade until Texas law allowed a new warrant and DNA match.
Evidence at punishment showed extensive prior sexual and violent misconduct, including abuse of relatives and others, plus disciplinary issues in prison.
The state court proceedings included Atkins-based mental retardation claims, a Wiggins claim for ineffective assistance at sentencing, and Vienna Convention (VCCR) concerns, with related federal habeas petitions.
The district court denied relief on all claims; Ibarra sought a Certificate of Appealability (COA) seeking review of Atkins, Wiggins, and VCCR claims, which the Fifth Circuit denied.
Dissent emphasizes disagreement on the Wiggins/ineffective assistance issue, particularly as to Martinez v. Ryan on cause for procedural default.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Exhaustion and merit of Atkins claim	Ibarra contends extra-record evidence should exhaust and support retardation claim.	State argues Cullen v. Pinholster bars consideration of new evidence and record shows no retardation.	No COA; exhaustion and merit not debatable; Cullen controls.
Wiggins claim and procedural default	Ibarra asserts ineffective assistance at sentencing under Wiggins; argues Texas 11.071 bar is not independent.	State asserts Wiggins claim is procedurally defaulted and, alternatively, meritless for lack of prejudice.	No COA; state ground adequate and independent; no reasonable jurists dispute default.
VCCR claim and procedural default	Ibarra asserts prejudice from consular notification denial, seeking relief under VCCR.	State maintains procedural default and alternative that prejudice cannot be shown.	No COA; procedural default enforceable; prejudice not shown.

Key Cases Cited

Atkins v. Virginia, 536 U.S. 304 (U.S. 2002) (death-penalty for mentally retarded individuals is unconstitutional)
Cullen v. Pinholster, 131 S. Ct. 1388 (U.S. 2011) (limits federal review to state-court record for §2254(d)(1) review)
Lewis v. Quarterman, 541 F.3d 280 (5th Cir. 2008) (exhaustion and material new evidence considerations in Atkins claims)
Dowthitt v. Johnson, 230 F.3d 733 (5th Cir. 2000) (procedural default and AEDPA standards in habeas review)
Barrientes v. Johnson, 221 F.3d 741 (5th Cir. 2000) (AEDPA deference standards in Fifth Circuit)
Coleman v. Thompson, 501 U.S. 722 (U.S. 1991) (independence/adequacy of state habeas grounds for federal review)
Rivera v. Quarterman, 505 F.3d 349 (5th Cir. 2007) (state court opportunity to develop claims and deference issues)
Panetti v. Quarterman, 551 U.S. 930 (U.S. 2007) (due process and competency standards in capital cases)
Balentine v. Thaler, 626 F.3d 842 (5th Cir. 2010) (adequacy of state post-conviction procedures and default rulings)
Slack v. McDaniel, 529 U.S. 473 (U.S. 2000) (standard for granting a COA under AEDPA)
Martinez v. Ryan, 132 S. Ct. 1309 (U.S. 2012) (cause excusing procedural default when initial state post-conviction counsel is ineffective)
Maples v. Thomas, 132 S. Ct. 912 (U.S. 2012) (escape from attorney abandonment in habeas proceedings)
Medellin v. Texas, 552 U.S. 491 (U.S. 2008) (international law opinions and domestic implementation)
Avena and Other Mexican Nationals, 2004 I.C.J. 12 (ICJ 2004) (Avena decision on consular notification and rights)