No. 21-6547

Richard Lynn Long, Jr. v. Darrel Vannoy, Warden

Lower Court: Fifth Circuit
Docketed: 2021-12-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: competency competency-evaluation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-review mental-health plea-agreement right-to-counsel
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2022-02-18
Question Presented (from Petition)

Mr. Long asserts that his trial counsel was ineffective for failing to notify the court of the contents of aneuropshychologica! report that found he was incapable of assisting legal counsel in his own defense and should therefore undergo treatment, of his psychosis in a. secure, psychiatric facility outside of the genera) prison population. Mr. Long further asserts that as a result of the scientific determination rendered by Dr. Pinkston, his legal counsel should not have counseled him to enter into a. plea agreem ent nor should the plea agreement he eventually entered into be considered valid, because thane was no indication he had regained competency.

QUESTION 1.
Did the Fifth Circuit Court of A ppeal err in deferring to the state court finding that Mr. Long was not prejudiced by his trial counsel's failure to notify the court of his in competency before allowing him to enter into a plea agreement?

QUESTION 2.
Did the Fifth Circuit Court of A ppeal err by sanctioning the District Court's departure from the accepted and usual course of judicial proceedings instituted to safeguard the right of the accused not to be tried while incompetent?

QUESTION 3.
Can the plea of one who has been indubitably determined incompetent be considered valid by a court of law in the United States of America?

Question Presented (AI Summary)

Did the Fifth Circuit Court of Appeal err in deferring to the state court finding that Mr. Long was not prejudiced by his trial counsel's failure to notify the court of his incompetency before allowing him to enter into a plea agreement?

Docket Entries

2022-02-22
Petition DENIED.
2022-01-13
DISTRIBUTED for Conference of 2/18/2022.
2022-01-07
Waiver of right of respondent Darrel Vannoy to respond filed.
2021-10-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 7, 2022)

Attorneys

Darrel Vannoy
Shae Gary McPhee Jr.Louisiana Department of Justice, Respondent
Richard Long
Richard Lynn Long Jr. — Petitioner