Canales v. Davis, No. 18-70009 (5th Cir. 2020)Annotate this Case
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.
This opinion or order relates to an opinion or order originally issued on October 22, 2018.