No. 18-9440

Earl Lee Dixie v. Kenneth Harrington, Warden

Lower Court: Ninth Circuit
Docketed: 2019-05-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cruel-and-unusual-punishment eighth-amendment ineffective-assistance ineffective-assistance-of-counsel intoxication-defense mental-health-defense mental-health-evidence specific-intent strickland-standard strickland-v-washington
Latest Conference: 2019-10-01
Question Presented (from Petition)

Dixie was convicted of evading pursuing police officers based on an incident where he fled from police during a high speed vehicle chase. At trial, Dixie's counsel argued that Dixie's mental state was impaired during the charged incident because he became intoxicated after learning that his beloved niece had died in childbirth.

Under the clearly established rule in Strickland v. Washington, 466 U.S. 668 (1984), was Dixie's trial counsel prejudicially ineffective when she failed to present evidence that Dixie suffered from paranoid schizophrenia, which would have supported her argument that Dixie did not form the intent to flee from police during the charged incident?

Moreover, under the Eighth Amendment to the United States Constitution, is Dixie's twenty five year to life sentence for the crime of evading the police grossly disproportionate to his crime, when that offense may be charged as a misdemeanor and when no one was harmed as a result of Dixie's conduct?

Question Presented (AI Summary)

Whether Dixie's trial counsel was prejudicially ineffective for failing to present evidence that Dixie suffered from paranoid schizophrenia, which would have supported his argument that he did not form the intent to evade police during the charged incident

Docket Entries

2019-10-07
Petition DENIED.
2019-06-20
DISTRIBUTED for Conference of 10/1/2019.
2019-06-12
Waiver of right of respondent K. Harrington, Warden, et al. to respond filed.
2019-05-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 28, 2019)

Attorneys

Earl Lee Dixie
Stephanie Adraktas — Petitioner
K. Harrington, Warden, et al.
Daniel Brian RogersOffice of the California Attorney General, Respondent