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