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Canales v. Lumpkin

Petition for a writ of certiorari denied on June 30, 2022. Justice Sotomayor dissented from the denial of certiorari.

Docket No. Op. Below Argument Opinion Vote Author Term
20-7065 5th Cir. N/A N/A N/A N/A OT 2021

Issue: (1) Whether, for penalty-phase ineffective assistance of counsel violations, Harrington v. Richter "established a substantial likelihood standard for evaluating prejudice" that exceeds the standard in Wiggins v. Smith of a "reasonable probability that at least one juror would have struck a different balance" on whether to punish by death; and (2) whether the U.S. Court of Appeals for the 5th Circuit"s failure to "reweigh the evidence in aggravation against the totality of available mitigating evidence" conflicts with Wiggins and Andrus v. Texas.

DateProceedings and Orders (key to color coding)
01/28/2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 8, 2021)
02/24/2021Motion to extend the time to file a response from March 8, 2021 to April 7, 2021, submitted to The Clerk.
02/25/2021Motion to extend the time to file a response is granted and the time is extended to and including April 7, 2021.
03/08/2021Brief amicus curiae of Legal Academics filed.
03/08/2021Brief amici curiae of Arizona Capital Representation Project, et al. filed. (Corrected version submitted on 3/11/21)
04/07/2021Brief of respondent Bobby Lumpkin in opposition filed.
04/21/2021Reply of petitioner Anibal Canales, Jr. filed. (Distributed)
04/22/2021DISTRIBUTED for Conference of 5/13/2021.
05/10/2021Rescheduled.
05/17/2021DISTRIBUTED for Conference of 5/20/2021.
05/18/2021Rescheduled.
05/24/2021DISTRIBUTED for Conference of 5/27/2021.
05/25/2021Rescheduled.
06/01/2021DISTRIBUTED for Conference of 6/3/2021.
06/01/2021Rescheduled.
06/07/2021DISTRIBUTED for Conference of 6/10/2021.
06/07/2021Rescheduled.
06/14/2021DISTRIBUTED for Conference of 6/17/2021.
06/15/2021Rescheduled.
06/21/2021DISTRIBUTED for Conference of 6/24/2021.
05/23/2022DISTRIBUTED for Conference of 5/26/2022.
05/31/2022DISTRIBUTED for Conference of 6/2/2022.
06/06/2022DISTRIBUTED for Conference of 6/9/2022.
06/13/2022DISTRIBUTED for Conference of 6/16/2022.
06/15/2022Supplemental Brief of Anibal Canales, Jr. submitted.
06/21/2022DISTRIBUTED for Conference of 6/23/2022.
06/29/2022DISTRIBUTED for Conference of 6/29/2022.
06/30/2022Petition DENIED. Justice Sotomayor, dissenting from the denial of certiorari. (Detached Opinion)