Supreme Court of the United States · Official docket →
Amos Wells v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 24-70002 · judgment July 22, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Petitioner was sentenced to death after his own counsel presented expert testimony that petitioner’s genetic makeup made it more likely that he would commit future violent offenses. That evidence was in itself sufficient to establish future dangerousness— one of two necessary conditions in Texas for imposing a death sentence—and thus effectively conceded the issue, while conferring no countervailing strategic advantages. Nonetheless, in petitioner’s federal habeas proceeding, the district court denied relief, and the Fifth Circuit denied petitioner a certificate of appealability. 28 U.S.C. 2253. The question presented is: Whether trial counsel provides constitutionally ineffective assistance of counsel at the sentencing phase of a capital trial by presenting evidence that concedes future dangerousness.
Counsel of record
For petitioner
Ginger D. Anders
Munger, Tolles & Olson LLP
For respondent
Lucas James Wallace
Office of the Attorney General of Texas
Proceedings
- Mar 30 2026Petition DENIED.
- Mar 11 2026DISTRIBUTED for Conference of 3/27/2026.
- Mar 10 2026Reply of petitioner Amos J. Wells III filed. (Distributed)
- Feb 19 2026Brief of respondent Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.
- Jan 20 2026Brief amici curiae of Professor Nita A. Farahany, et al. filed.
- Jan 16 2026Brief amicus curiae of NAACP Legal Defense and Educational Fund, Inc. filed.
- Jan 16 2026Brief amici curiae of Law School Centers on Race and Law filed.
- Jan 14 2026Motion to extend the time to file a response is granted and the time is extended to and including February 19, 2026.
- Jan 13 2026Motion to extend the time to file a response from January 20, 2026 to February 19, 2026, submitted to The Clerk.
- Dec 17 2025Petition for a writ of certiorari filed. (Response due January 20, 2026)
- Oct 28 2025Application (25A477) granted by Justice Alito extending the time to file until December 17, 2025.
- Oct 23 2025Application (25A477) to extend the time to file a petition for a writ of certiorari from November 17, 2025 to December 17, 2025, submitted to Justice Alito.