No. 21-6908

Jessie Flores v. Brian Cates, Warden

Lower Court: Ninth Circuit
Docketed: 2022-01-20
Status: Denied
Type: IFP
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
Jennifer A. JadovitzOffice of the Attorney General, California Departm, Respondent
Jessie Flores
Mark R. DrozdowskiOffice of the Federal Public Defend, Petitioner