No. 18-8960

In Re Robert Winkel

Lower Court: N/A
Docketed: 2019-04-23
Status: Denied
Type: IFP
IFP
Tags: case-law civil-procedure civil-rights due-process equal-protection legal-issues legal-terms petition scotus standing takings writ-of-certiorari
Latest Conference: 2019-05-09
Question Presented (from Petition)

(a) Deprived of Advocacy (United States v. Cronic, 466 U.S. 648 (1984), and Speedy Trial (Barker v. Wingo, 407 U.S. 514 (1972)), Instead of putting the State to its burden on the evidence my court-appointed taxpayer trial lawyer actively PURSUED forcing me to relinquish my exercise of silence of "pertinent information regarding the crimes of which [I am] accused." Appendix D, at Y1, Competency Evaluation Report, by Sean Wagner, Feb. 18, 2011), had no one to Advocate my in-court objections against the lawyers adverse position and use of disputed information developed in the course of, and in furtherance of his Incompetency evaluations (Estelle v. Smith, 454 U.S. 454 (1981)), incompetency hearings (United States v. Collins, 436 F.3d 1200 (CA10, 2005), mental hospitalizations (Vitek v. Jones, 445 U.S. 480 (1980)), and forcible administration of drugs (Bell v. United States, 539 U.S. 118 (2003), without lawyer meeting burden against me (Addington v. Texas, 441 U.S. 418 (1979), and no court officer intervened. This lasted a year.

(b) Whether Government Can Deprived Accused of his Rights By Claiming / Finding of Mentally L/Incompetent Because Of his Exercise Of Those Rights — Including Advocacy and Speedy Trial?

(2) Whether Accused's Lack of Advocacy (Cronic, supra), Can Be Justified Through Factual Disputes Arising From Uncounseled Evaluations?

Question Presented (AI Summary)

Whether the lower court erred in dismissing the petitioner's claims

Docket Entries

2019-07-15
Rehearing DENIED.
2019-06-20
DISTRIBUTED.
2019-05-29
Petition for Rehearing filed.
2019-05-13
Petition DENIED.
2019-04-24
DISTRIBUTED for Conference of 5/9/2019.
2019-01-29
Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.

Attorneys

Robert Winkel
Robert Winkel — Petitioner