No. 18-5616

Robert Earl Clayborne, Jr. v. Nebraska

Lower Court: Eighth Circuit
Docketed: 2018-08-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 6th-amendment civil-rights competency competency-hearing criminal-defense criminal-procedure due-process effective-assistance-of-counsel mental-disability mental-health prosecutorial-misconduct right-to-counsel sixth-amendment
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2018-10-05
Question Presented (from Petition)

Why Petitioner entitled to a Certificate of Appealability on the issue of Ineffective Assistance of Counsel based on Incompetence?

Was the Petitioner Denied his Sixth Amendment right to Effective Assistance of Counsel when his Defense Counsel failed to investigate his mental problems before and at the Plea Hearing that the Petitioner suffered from severe Mental problems?

Was the Petitioner Mentally Incompetent or Legally Incompetent that rendered him Mentally Disabled in the Criminal proceedings Issue procedurally Barred?

Was the Petitioner Denied Effective Assistance of Counsel under the Sixth Amendment when his Counsel failed to file a Motion to Suppress Evidence of an unlawful search?

Was the Petitioner Denied his Fourteenth Amendment right to Due Process for a voluntary, intelligent made plea when his Counsel allowed him to plead no contest with a Severe mental illness Resulting in a Mental Disability in the Criminal proceedings?

Was the Petitioner Denied his right to Effective Assistance of Counsel to investigate and present an Insanity Defense based on the Evidence?

Did the State Court and Prosecution and Defense Attorney Deprive the Petitioner his Sixth Amendment right to Due Process when they failed to hold a full and fair Competency Hearing before Finding that the Petitioner was competent in his Criminal proceeding in the face of his Mental Illness?

Question Presented (AI Summary)

Whether the petitioner was denied due process and effective assistance of counsel when the state court refused to hold a competency hearing despite evidence of the petitioner's mental disability

Docket Entries

2018-10-09
Petition DENIED.
2018-09-20
DISTRIBUTED for Conference of 10/5/2018.
2018-09-14
Waiver of right of respondent Nebraska to respond filed.
2018-02-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 17, 2018)

Attorneys

Nebraska
Nathan Andrew LissNebraska Attorney General's office, Respondent
Robert Earl Clayborne
Robert Earl Clayborne Jr. — Petitioner