July 22nd, 2020

US Court of Appeals for the Fifth Circuit Opinions
Canales v. Davis

Docket: 18-70009
Opinion Date: July 21, 2020
Judge: Catharina Haynes
Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Fifth Circuit affirmed the district court's denial of the petition for habeas corpus relief based on petitioner's claim of ineffective assistance of counsel. The court agreed with the district court that there is no reasonable probability that a juror would have found that the mitigating evidence, both old and new, outweighed the aggravating evidence. Therefore, the mitigating evidence is not so compelling that it would tip the balance and establish a "substantial" likelihood of a different result. Accordingly, the district court correctly held that petitioner has not proven prejudice to prevail on his Wiggins claim.

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