No. 20-7065

Anibal Canales, Jr. v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2021-02-05
Status: Denied
Type: IFP
Amici (2)Relisted (13)IFP
Tags: capital-habeas capital-punishment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence penalty-phase prejudice sixth-amendment Wiggins-v-Smith
Key Terms:
DueProcess HabeasCorpus Punishment JusticiabilityDoctri
Latest Conference: 2022-06-29 (distributed 13 times)
Question Presented (from Petition)

1. For penalty phase ineffective assistance of counsel violations, has Richter "established a substantial likelihood standard for evaluating prejudice" that exceeds the Wiggins standard of a "reasonable probability that at least one juror would have struck a different balance" on whether to punish by death?

2. Did the Fifth Circuit's failure to "reweigh the evidence in aggravation against the totality of available mitigating evidence" conflict with Wiggins and Andrus?

Question Presented (AI Summary)

Whether Richter established a higher prejudice standard for penalty phase IAC violations than Wiggins

Docket Entries

2022-06-30
Petition DENIED. Justice Sotomayor, dissenting from the denial of certiorari. (Detached <a href = 'https://www.supremecourt.gov/opinions/21pdf/20-7065_08m1.pdf'>Opinion</a>)
2022-06-29
DISTRIBUTED for Conference of 6/29/2022.
2022-06-21
DISTRIBUTED for Conference of 6/23/2022.
2022-06-15
Supplemental Brief of Anibal Canales, Jr. submitted.
2022-06-13
DISTRIBUTED for Conference of 6/16/2022.
2022-06-06
DISTRIBUTED for Conference of 6/9/2022.
2022-05-31
DISTRIBUTED for Conference of 6/2/2022.
2022-05-23
DISTRIBUTED for Conference of 5/26/2022.
2021-06-21
DISTRIBUTED for Conference of 6/24/2021.
2021-06-15
Rescheduled.
2021-06-14
DISTRIBUTED for Conference of 6/17/2021.
2021-06-07
Rescheduled.
2021-06-07
DISTRIBUTED for Conference of 6/10/2021.
2021-06-01
Rescheduled.
2021-06-01
DISTRIBUTED for Conference of 6/3/2021.
2021-05-25
Rescheduled.
2021-05-24
DISTRIBUTED for Conference of 5/27/2021.
2021-05-18
Rescheduled.
2021-05-17
DISTRIBUTED for Conference of 5/20/2021.
2021-05-10
Rescheduled.
2021-04-22
DISTRIBUTED for Conference of 5/13/2021.
2021-04-21
Reply of petitioner Anibal Canales, Jr. filed. (Distributed)
2021-04-07
Brief of respondent Bobby Lumpkin in opposition filed.
2021-03-08
Brief amici curiae of Arizona Capital Representation Project, et al. filed. (Corrected version submitted on 3/11/21)
2021-03-08
Brief amicus curiae of Legal Academics filed.
2021-02-25
Motion to extend the time to file a response is granted and the time is extended to and including April 7, 2021.
2021-02-24
Motion to extend the time to file a response from March 8, 2021 to April 7, 2021, submitted to The Clerk.
2021-01-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 8, 2021)

Attorneys

Anibal Canales, Jr.
Joseph John PerkovichPhillips Black, Inc., Petitioner
Arizona Capital Representation Project, et al.
Alexis Johara HoagColumbia Law School, Amicus
Bobby Lumpkin
Judd Edward Stone IITexas Attorney General's Office, Respondent
Matthew Hamilton FrederickOffice of the Attorney General of Texas, Respondent
Legal Academics
Tejinder SinghGoldstein & Russel, P.C., Amicus