Canales v. Lumpkin
Petition for a writ of certiorari denied on June 30, 2022. Justice Sotomayor dissented from the denial of certiorari.
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.
SCOTUSblog Coverage
- Clean-up conference prompts three new grants, lots of separate writings (Amy Howe, June 30, 2022)
- The (likely) last grants of October Term 2021 (John Elwood, June 29, 2022)
- The independent state legislature theory and more on jurisdiction (John Elwood, June 23, 2022)
- Vaccine requirements, cancer claims, and circuit splits (John Elwood, June 16, 2022)
- Dismissing False Claims Act cases, promoting prescription fentanyl, and a capital case (John Elwood, June 8, 2022)
Date | Proceedings and Orders |
---|---|
01/28/2021 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 8, 2021) |
02/24/2021 | Motion to extend the time to file a response from March 8, 2021 to April 7, 2021, submitted to The Clerk. |
02/25/2021 | Motion to extend the time to file a response is granted and the time is extended to and including April 7, 2021. |
03/08/2021 | Brief amicus curiae of Legal Academics filed. |
03/08/2021 | Brief amici curiae of Arizona Capital Representation Project, et al. filed. (Corrected version submitted on 3/11/21) |
04/07/2021 | Brief of respondent Bobby Lumpkin in opposition filed. |
04/21/2021 | Reply of petitioner Anibal Canales, Jr. filed. (Distributed) |
04/22/2021 | DISTRIBUTED for Conference of 5/13/2021. |
05/10/2021 | Rescheduled. |
05/17/2021 | DISTRIBUTED for Conference of 5/20/2021. |
05/18/2021 | Rescheduled. |
05/24/2021 | DISTRIBUTED for Conference of 5/27/2021. |
05/25/2021 | Rescheduled. |
06/01/2021 | DISTRIBUTED for Conference of 6/3/2021. |
06/01/2021 | Rescheduled. |
06/07/2021 | DISTRIBUTED for Conference of 6/10/2021. |
06/07/2021 | Rescheduled. |
06/14/2021 | DISTRIBUTED for Conference of 6/17/2021. |
06/15/2021 | Rescheduled. |
06/21/2021 | DISTRIBUTED for Conference of 6/24/2021. |
05/23/2022 | DISTRIBUTED for Conference of 5/26/2022. |
05/31/2022 | DISTRIBUTED for Conference of 6/2/2022. |
06/06/2022 | DISTRIBUTED for Conference of 6/9/2022. |
06/13/2022 | DISTRIBUTED for Conference of 6/16/2022. |
06/15/2022 | Supplemental Brief of Anibal Canales, Jr. submitted. |
06/21/2022 | DISTRIBUTED for Conference of 6/23/2022. |
06/29/2022 | DISTRIBUTED for Conference of 6/29/2022. |
06/30/2022 | Petition DENIED. Justice Sotomayor, dissenting from the denial of certiorari. (Detached Opinion) |