No. 21-6908
Jessie Flores v. Brian Cates, Warden
Response WaivedIFP
Tags: competence-to-stand-trial competency-to-stand-trial criminal-procedure ineffective-assistance-of-counsel mental-health-defense mental-state-defense psychosis specific-intent substance-abuse willful-deliberate-and-premeditated-murder
Latest Conference:
2022-02-18
Question Presented (from Petition)
Does defense counsel unreasonably fail to investigate and present a mental state defense to a charge of willful, deliberate and premeditated murder when she declares a doubt of defendant's competence to stand trial, receives reports from court-appointed competence experts of defendant's history of psychosis, substance abuse, and suicidal ideation, yet fails to present any mental health evidence to try to raise a reasonable doubt that defendant had the specific intent required for a conviction?
Question Presented (AI Summary)
Does defense counsel unreasonably fail to investigate and present a mental state defense to a charge of willful, deliberate and premeditated murder?
Docket Entries
2022-02-22
Petition DENIED.
2022-02-03
DISTRIBUTED for Conference of 2/18/2022.
2022-01-28
Waiver of right of respondent Brian Cates to respond filed.
2022-01-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 22, 2022)
Attorneys
Brian Cates
Jessie Flores
Mark R. Drozdowski — Office of the Federal Public Defend, Petitioner