No. 18-8473

Eric Laquinne Brown, aka Eric L. Brown, aka Eric Brown v. Mississippi

Lower Court: Mississippi
Docketed: 2019-03-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights competency competency-hearing constitutional-rights criminal-procedure due-process guilty-plea mental-competency mental-evaluation mental-health mississippi-uniform-rule-9.06 plea-bargaining procedural-bars procedural-due-process standing
Latest Conference: 2019-04-12
Question Presented (from Petition)

1. Did Brown have a Constitutional right to have a competency hearing before he plead guilty, where Brown was granted two (2) court orders for a mental evaluation:
on July 20, 1999 (that the defense filed; and,
on November 12, 1999 (that the Prosecutor filed)

2. Does the issue of "being denied a competency hearing" overcome all procedural bans in Mississippi through the except law Smith v. State, 14950 3d 1017, 1031 ([8)(Miss. 2014)(quoting Rowland v. State, 4250 3d 503, 507 (Miss. 2010)

3. Did Mississippi Uniform Rule Circuit and county Court Practice 9.06 exist before Brown plead guilty in 1999; thus should be applied to Brown's case today.

Question Presented (AI Summary)

Did Brown have a Constitutional right to have a competency hearing before he plead guilty?

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-22
Waiver of right of respondent Mississippi to respond filed.
2019-01-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 18, 2019)

Attorneys

Eric Laquinne Brown
Eric Laquinne Brown — Petitioner
Mississippi
Abbie Eason KoonceOffice of the Attorney General, Respondent