William J. Barnes Jr. v. New York
DueProcess
ONE
Having Found That Significant Grounds Existed to
Believe That The Defendant Was an Incapacitated Person,
Did The County Court Deprive The Petitioner of his Due Process
And Constitutional Right to a Full And Fair Impartial Determination
of His Mental Capacity to Stand Trial?
TWO
Having Found That Significant Grounds Existed to Believe
That The Defendant Was an Incapacitated Person, Was Defense
Counsel Ineffective for Failing to Request Additional Article 730
Exams, a Competency Hearing or Postpone The Trial?
THREE
Is Forcing a Mentally Incompetent
Defendant to Stand Trial Considered a 'Structural Error '?
FOUR
Did The County Court Err In Instructing The Jury
That Petitioner Could Walk Free If They Returned An Insanity
Verdict, And There Is No Law In The Court of Appeals
Or This Court On The Issue?
FIVE
Did The County Court Err In Instructing The
Jury That In Order To Return An Insanity Verdict,
They Had To Find Petitioner Was Suffering From a Mental
Disease And a Mental Defect?
SIX
Did The Appellate Division And Court Of
Appeals Err In Denying Petitioner 's Motion That Was
Based On a Fundamental Constitutional Right To Be
Competent To Stand Trial?
SEVEN
Was Appellate Counsel Ineffective For Failing To
Raise These Significant And Fundamental Issues That Would
Have Resulted In a Reversal?
Did the county court deprive the petitioner of his due process and constitutional right to a full and fair impartial determination of his mental capacity to stand trial?