No. 23-5628

Richard C. Duerson, as Next Friend of Jennifer McFarland v. United States

Lower Court: Sixth Circuit
Docketed: 2023-09-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: competency-standard constitutional-rights due-process equal-protection mental-capacity mental-competency next-friend next-friend-petition physical-competency standing
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-10-27
Question Presented (from Petition)

What Constitutional Standards should be applied when a judge is tasked with determining the competency of a defendant with known physical and mental ailments, and what role should a "next friend" petition play in ensuring the defendants rights to due process and equal protection?

Under the Fourth Amendment's protection against unreasonable searches, and in light of Article 3's jurisdictional provisions, should a defendant be allowed to file a 2255 motion on behalf of their co-defendant, when the defendant was charged with the fruits obtained from an illegal search of the co-defendant's apartment?

Question Presented (AI Summary)

What Constitutional Standards should be applied when a judge is tasked with determining the competency of a defendant with known physical and mental ailments, and what role should a 'next friend' petition play in ensuring the defendants rights to due-process, equal-protection

Docket Entries

2023-10-30
Petition DENIED.
2023-10-05
DISTRIBUTED for Conference of 10/27/2023.
2023-09-27
Waiver of right of respondent United States to respond filed.
2023-09-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 20, 2023)

Attorneys

Richard C. Duerson
Richard C. Duerson — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent