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Kenneth Lavigne v. Darrel Vannoy, Warden
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 23-30807 · judgment July 10, 2025
Question presented
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?
Counsel of record
For petitioner
Dustin Talbot
Federal Public Defender
For respondent
Donald David Candell
Suite B
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 12 2026Petition DENIED.
- Dec 04 2025DISTRIBUTED for Conference of 1/9/2026.
- Nov 14 2025Brief of respondent Darrel Vannoy, Warden in opposition filed.
- Oct 08 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 14, 2025)