Canfield v. Lumpkin, No. 18-10431 (5th Cir. 2021)Annotate this Case
The Fifth Circuit affirmed the denial of habeas relief to petitioner who was convicted of continuous sexual abuse of a child—his 7 year old daughter—and sentenced to 50 years' imprisonment. Petitioner argues that his trial counsel was constitutionally ineffective because he failed to investigate and challenge a juror who demonstrated impartiality during voir dire. The court concluded that the Texas Court of Criminal Appeals was not unreasonable in concluding that the juror was not biased and counsel's performance was not deficient. Furthermore, even if the juror were biased, the state court did not unreasonably conclude that her presence on the jury did not change the outcome of the trial where the evidence of petitioner's guilt is overwhelming.
The court issued a subsequent related opinion or order on May 24, 2021.