No. 18-7558
Brandon Lamar Hawkins v. Florida
Response WaivedRelisted (2)IFP
Tags: competency-hearing criminal-procedure criminal-procedure-competency criminal-sentencing due-process ineffective-assistance judicial-procedure mental-competency mental-health resentencing sentencing trial-court trial-court-discretion
Latest Conference:
2019-05-30
(distributed 2 times)
Question Presented (from Petition)
WHETHER PETITIONER IS ENTITLED TO DISCHARGE, NEW TRIAL, AND/OR RESENTENCING BASED ON THE TRIAL COURT FAILING TO CONDUCT A COMPETENCY HEARING AFTER IT FOUND REASONABLE GROUNDS TO BELIEVE THAT PETITIONER WAS INCOMPETENT FOR SENTENCING
WHETHER PETITIONER IS ENTITLED TO RESENTENCING BASED ON THE TRIAL COURT VINDICTIVELY RESENTENCE PETITIONER TO A GREATER TERM OF IMPRISONMENT AFTER GRANTING HIS MOTION TO CORRECT SENTENCING ERROR.
Question Presented (AI Summary)
Whether petitioner is entitled to discharge, new trial, and/or resentencing based on the trial court failing to conduct a competency hearing
Docket Entries
2019-06-03
Rehearing DENIED.
2019-05-14
DISTRIBUTED for Conference of 5/30/2019.
2019-04-12
Petition for Rehearing filed.
2019-03-18
Petition DENIED.
2019-02-28
DISTRIBUTED for Conference of 3/15/2019.
2019-02-25
Waiver of right of respondent Florida to respond filed.
2018-08-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 25, 2019)
Attorneys
Brandon Hawkins
Brandon L. Hawkins — Petitioner
Florida
Celia A. Terenzio — Respondent