The appellant appeals an order transferring his second-in-time petition for writ of habeas corpus, amended motion to appoint counsel, and motion to stay his execution. Martinez does not extend to circumstances in which the state permitted a defendant to raise ineffectiveness-of-trial-counsel claims on direct appeal. The order of transfer is affirmed, habeas petition is dismissed, an amended motion to appoint counsel is dismissed, the stay of execution is denied, and a request for a certificate of appeal is dismissed. 5th U.S. Circuit Court of Appeals, No. 13-30058, 02-07-2013.
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In Re: Sepulvado
5th Cir.
February 12, 2013
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