No. 21-293

Vincent Alphonso Powell v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al.

Lower Court: Ninth Circuit
Docketed: 2021-08-30
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights competency competency-hearing constitutional-rights due-process forcible-medication mental-health panel-decision precedent standing waiver-of-rights
Latest Conference: 2021-10-29
Question Presented (from Petition)

1. Did Powell make a substantial showing that he was entitled to a competency hearing under 28 U.S.C. § 2254(c)(2)?

2. Did Powell make a substantial showing that he was denied cooperation rights when the trial court refused to hold a competency hearing?

3. Did Powell make a substantial showing that he was unconstitutionally denied due process based on Dr. Billtop's letter?

4. Did Powell make a substantial showing that his Fifth and Sixth Amendment rights were violated by the denial of a competency hearing and his trial while incompetent?

5. Was Powell entitled to a competency hearing?

6. Was Powell tried while incompetent?

7. Did Powell validly waive his right to be present at trial?

8. Does the panel decision misapply AEDPA by supplementing the Arizona Court of Appeals decision?

9. Did the panel decision overlook Arizona Act 3?

10. Did the panel decision overlook a requirement that the state courts find facts?

11. Did the panel decision contradict the trial court's factual findings?

12. Does this important case involve questions of exceptional significance?

Question Presented (AI Summary)

Did the State of Arizona, Superior Court, confront a set of facts that are materially indistinguishable from the decision of this honorable Court in the case of Sell v. United States, 534 U.S. 166 (2003), and nevertheless arrived at a different result?

Docket Entries

2021-11-01
Petition DENIED.
2021-10-13
DISTRIBUTED for Conference of 10/29/2021.
2021-09-24
Waiver of right of respondent David Shinn, Director, Arizona Department of Corrections, et al. to respond filed.
2021-08-12
Petition for a writ of certiorari filed. (Response due September 29, 2021)

Attorneys

David Shinn, Director, Arizona Department of Corrections, et al.
Kathryn A. DamstraOffice of the Arizona Attorney General, Respondent
Vincent A. Powell
Vincent Alphonso Powell — Petitioner