Breaking News

Canales v. Lumpkin

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
20-7065 5th Cir. TBD TBD TBD TBD TBD

Issues: (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)
Jan 28 2021Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 8, 2021)
Feb 24 2021Motion to extend the time to file a response from March 8, 2021 to April 7, 2021, submitted to The Clerk.
Feb 25 2021Motion to extend the time to file a response is granted and the time is extended to and including April 7, 2021.
Mar 08 2021Brief amicus curiae of Legal Academics filed.
Mar 08 2021Brief amici curiae of Arizona Capital Representation Project, et al. filed. (Corrected version submitted on 3/11/21)
Apr 07 2021Brief of respondent Bobby Lumpkin in opposition filed.
Apr 21 2021Reply of petitioner Anibal Canales, Jr. filed. (Distributed)
Apr 22 2021DISTRIBUTED for Conference of 5/13/2021.
May 10 2021Rescheduled.
May 17 2021DISTRIBUTED for Conference of 5/20/2021.
May 18 2021Rescheduled.
May 24 2021DISTRIBUTED for Conference of 5/27/2021.
May 25 2021Rescheduled.
Jun 01 2021DISTRIBUTED for Conference of 6/3/2021.
Jun 01 2021Rescheduled.
Jun 07 2021DISTRIBUTED for Conference of 6/10/2021.
Jun 07 2021Rescheduled.
Jun 14 2021DISTRIBUTED for Conference of 6/17/2021.
Jun 15 2021Rescheduled.
Jun 21 2021DISTRIBUTED for Conference of 6/24/2021.