No. 21-7879

Stanley Cookston v. Florida

Lower Court: Florida
Docketed: 2022-05-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: competency competency-hearing constitutional-rights due-process fair-trial retrospective-determination trial-court trial-court-procedure
Key Terms:
DueProcess
Latest Conference: 2022-09-28
Question Presented (from Petition)

The Fifth District Court of Appeal reversed and remanded this case for the trial court to determine whether it could conduct a hearing to determine Cookston's competency at the time of trial. The trial court never made this determination; instead, the judge simply took testimony from Cookston's trial attorney, made her own comments, and cited a stale competency evaluation that took place n months prior to trial, and two and half years prior to the hearing. The evaluation suggested Cookston's condition be closely monitored and that a reevaluation may be required. Was Cookston's Constitutional Rights to due process and a fair trial violated by the trial court making a retrospective determination of competency a year and half after trial?

Question Presented (AI Summary)

Was Cookston's Constitutional Rights to due-process and fair-trial violated by the trial court making a retrospective determination of competency a year and half after trial?

Docket Entries

2022-10-03
Petition DENIED.
2022-06-23
DISTRIBUTED for Conference of 9/28/2022.
2022-06-15
Waiver of right of respondent Florida to respond filed.
2022-05-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 15, 2022)

Attorneys

Florida
Kristen Lynn DavenportSuite 500, Respondent
Stanley Cookston
Stanley Cookston — Petitioner