No. 18-6869

Mario Andrette McNeill v. North Carolina

Lower Court: North Carolina
Docketed: 2018-11-29
Status: Denied
Type: IFP
IFP
Tags: capital-defendant capital-defendant-instructions capital-punishment counsel counsel-decision-making cruel-and-unusual-punishment eighth-amendment mitigating-evidence right-to-counsel sixth-amendment
Latest Conference: 2019-03-01
Question Presented (from Petition)

Whether the Sixth Amendment right to counsel and the Eighth Amendment prohibition on cruel and unusual punishment allow a state to give binding force to a capital defendant's instruction to counsel to completely forego the presentation of available mitigating evidence, rather than allowing counsel to present such evidence as counsel's chosen means of achieving the defendant's stated objective of avoiding a death sentence?

Question Presented (AI Summary)

Whether the Sixth Amendment right to counsel and the Eighth Amendment prohibition on cruel and unusual punishment allow a state to give binding force to a capital defendant's instruction to counsel to completely forego the presentation of available mitigating evidence, rather than allowing counsel to present such evidence as counsel's chosen means of achieving the defendant's stated objective of avoiding a death sentence?

Docket Entries

2019-03-04
Petition DENIED.
2019-02-14
DISTRIBUTED for Conference of 3/1/2019.
2019-02-12
Reply of petitioner Mario Andrette McNeill filed. (Distributed)
2019-01-31
Brief of respondent North Carolina in opposition filed.
2018-12-14
Motion to extend the time to file a response is granted and the time is extended to and including January 31, 2019.
2018-12-13
Motion to extend the time to file a response from December 31, 2018 to January 31, 2019, submitted to The Clerk.
2018-11-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 31, 2018)
2018-08-22
Application (18A192) granted by The Chief Justice extending the time to file until November 25, 2018.
2018-08-20
Application (18A192) to extend the time to file a petition for a writ of certiorari from September 26, 2018 to November 25, 2018, submitted to The Chief Justice.

Attorneys

Mario Andrette McNeill
Andrew James DeSimoneOffice of the Appellate Defender, Petitioner
North Carolina
Derrick Charles MertzNorth Carolina Department of Justice, Respondent