No. 25-5894

Kenneth Lavigne v. Darrel Vannoy, Warden

Lower Court: Fifth Circuit
Docketed: 2025-10-15
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: habeas-corpus ineffective-assistance prejudice-analysis sixth-amendment strickland-standard time-barred
Latest Conference: 2026-01-09
Question Presented (AI Summary)

Whether the Fifth Circuit violated the Sixth Amendment and Supreme Court precedent by requiring a habeas petitioner asserting ineffective assistance of counsel to provide more than a reasonable probability of prejudice when counsel failed to advise the petitioner that a charge was time-barred

Question Presented (OCR Extract)

Whether the Fifth Circuit violated the Sixth Amendment and this Court's precedent in Strickland v. Washington , 466 U.S. 668 (1984), Hill v. Lockhart , 474 U.S. 52 (1985), and Lafler v. Cooper , 566 U.S. 156 (2012) by requiring a habeas petitioner asserting ineffective assistance of counsel to provide more than a reasonable probability of prejudice when counsel failed to advise the petitioner that a charge to which he pled guilty was time -barred as a matter of law ?

Docket Entries

2026-01-12
Petition DENIED.
2025-12-04
DISTRIBUTED for Conference of 1/9/2026.
2025-11-14
Brief of respondent Darrel Vannoy, Warden in opposition filed.
2025-10-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 14, 2025)

Attorneys

Darrel Vannoy, Warden
Donald David CandellSuite B, Respondent
Donald David CandellSuite B, Respondent
Kenneth Lavigne
Dustin TalbotFederal Public Defender, Petitioner
Dustin TalbotFederal Public Defender, Petitioner