competency

89 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-5874 Bruce S. Myles v. New York New York 2025-10-14 Denied IFP competency due-process fair-trial ineffective-counsel prosecutor-testimony sixth-amendment 1. WHETHER THE COURT VIOLATED DUE PROCESS WHEN THE PROSECUTOR WAS ALLOWED TO ACT AS AN UNSWORN WITNESS? 2. WHETHER COUNSEL WAS INEFFECTIVE IN VIOLATI…
24-5628 Angel Landa-Arevalo v. United States Tenth Circuit 2024-09-24 Denied Response WaivedIFP competency constitutional-rights mental-health pre-trial-detention sixth-amendment speedy-trial Was Petitioner's right to a speedy trial violated under the Sixth Amendment? Should the trial judge have ordered a mental health evaluation when urged…
24-5336 Darryl Watts v. New York New York 2024-08-16 Denied Response WaivedIFP civil-proceeding competency constitutional-rights due-process liberty-interest sex-offender-registration Because a New York Sex Offender Registration Act proceeding implicates a fundamental liberty interest, requires complex factfinding that necessitates …
24-5175 Kalamice Keson Piggee v. Gena Jones, Warden Ninth Circuit 2024-07-30 Denied Response WaivedIFP competency competency-hearing due-process expert-testimony judicial-review mental-health-evaluation mental-illness retrospective-competency-determination trial-court-discretion trial-procedure Nearly two years after being restored to competency, Petitioner Kalamice Piggee's mental illness resurged and his trial counsel declared doubt as to h…
23-7799 Esther Martin v. Indiana Indiana 2024-06-25 Denied Response WaivedIFP competency competency-to-stand-trial counsel-performance due-process effective-assistance-of-counsel ineffective-assistance intellectual-disability post-conviction post-conviction-proceedings sixth-amendment The Fourteenth Amendment to the United States Constitution prohibits the trial of incompetent persons, and the Sixth Amendment entitles criminal defen…
23-7116 Ricky L. Reese v. Oklahoma Oklahoma 2024-04-01 Denied IFP competency constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance judicial-review sentencing-error statute-of-limitations Does a person is convict of a crime lose his right to public relief from the court if he didn't receive a copy of his sentence becoming final to the c…
23-6964 Harvey Cantrell v. Department of Veterans Affairs Seventh Circuit 2024-03-12 Denied Response WaivedIFP 8th-amendment capital-punishment civil-rights competency due-process mental-illness Question not identified.
23-953 Brandon Michael Council v. United States Fourth Circuit 2024-03-01 Denied Amici (3) circuit-split competency criminal-procedure defendant-rights due-process effective-assistance-of-counsel federal-death-penalty judicial-discretion mental-competence trial-competency In the middle of his federal death-penalty trial, Brandon Council had a delusional breakdown, asking his attorneys to "subpoena God." The District Cou…
23-536 Kendall Merlo v. Ingrid Warren, Presiding Judge, Probate Court No. 2, Dallas County, Texas Texas 2023-11-20 Denied Response Waived competency competency-hearing due-process estate-law guardian-ad-litem judicial-procedure notice pleadings probate-court sua-sponte Does a state trial court violate due process by appointing a guardian ad litem for the adult beneficiary of an estate, who is presumed to be competent…
23-5374 Jessie C. Roberts v. Danny Samuel Ninth Circuit 2023-08-17 Denied Response WaivedIFP competency criminal-procedure delusions hallucinations incompetency ineffective-assistance mental-health specific-intent Whether a trial counsel whose client has been found incompetent to stand trial three different times prior to trial provides ineffective assistance of…
23-5350 Daniel Chris Ramsey v. California California 2023-08-14 Denied Response WaivedIFP civil-rights competency constitutional-provisions criminal-procedure due-process equal-protection jurisdiction legal-procedure mental-health writ Question not identified.
22-7764 Duane E. Owen v. Florida Florida 2023-06-12 Denied IFP competency competency-to-be-executed criminal-procedure death-penalty dementia due-process eighth-amendment insanity legal-insanity rational-understanding 1. Whether the State of Florida's perfunctory evaluation of Owen's claim that he is legally insane and incompetent to be executed violated the Eighth …
22-1070 Stanford James Stelle, III v. California California 2023-05-04 Denied Response RequestedResponse WaivedRelisted (2) competency competency-hearing criminal-defendant criminal-procedure drope-v-missouri due-process fourteenth-amendment mental-competency mental-incompetence pate-v-robinson successive-review Does California's heightened standard for a successive competency hearing violate the Due Process Clause of the Fourteenth Amendment?
22-7108 Andrew Ryan v. United States Eighth Circuit 2023-03-27 Denied Response WaivedRelisted (2)IFP 18-usc-4241d appellate-review competency competency-determination due-process incompetent-defendant statutory-rights timing-violations united-states-v-olano waiver I. Whether under United States v. Olano an incompetent defendant waives appellate review of his statutory and due process right to a timely resolution…
22-6404 Paul Rivera v. United States Second Circuit 2022-12-28 Denied Response WaivedIFP competency constitutional-rights fair-trial indiana-v-edwards mental-illness pro-se-representation self-representation trial-competency 1. Whether a defendant's constitutional right to a fair trial impose s upon trial courts a duty of inquiry to determine whether a defendant is compete…
22-550 Carlos Jackson v. Mississippi Mississippi 2022-12-15 Denied Response WaivedRelisted (2) competency conviction criminal-procedure due-process judicial-inquiry retroactivity sentence state-courts void-conviction I. WHETHER THE RETROACTIVITY RULE FOR CRIMINAL PROCEDURE APPLIES TO THE STATE OF MISSISSIPPI. II. WHETHER THE FAILURE TO MAKE A COMPETENCY INQUIRY WH…
22-6096 Gary Eye v. United States Eighth Circuit 2022-11-18 Denied IFP 8th-amendment capital-punishment civil-rights competency due-process mental-illness hon the leg stacki of ad g chargs beome Redocie to al ffds illegal sowtence which was mode illegal bn the 1t step Act passed by corgress in per. 2018)…
22-5991 Glenn Randall Ferguson v. United States Tenth Circuit 2022-11-04 Denied Response WaivedIFP 18-usc-4241 child-pornography competency criminal-competency criminal-procedure due-process evidence federal-courts mental-health rule-403 1. When a district court has found a criminal defendant to be incompetent pursuant to 18 U.S.C. § 4241, and the defendant is then sent to a BOP facili…
22-5872 In Re Benjamin Cole 2022-10-20 Denied IFP competency death-penalty due-process eighth-amendment execution-protocol fourteenth-amendment habeas-corpus mental-competency mental-illness original-jurisdiction Whether the State of Oklahoma may execute Benjamin Cole while he is incompetent to be executed, in violation of the Eighth and Fourteenth Amendments t…
22-5851 Siaosi Vanisi v. William Reubart, Acting Warden Nevada 2022-10-17 Denied IFP competency criminal-procedure double-jeopardy gross-negligence intent-requirement mental-competency oregon-v-kennedy self-representation 1. Does gross negligence on the part of the State satisfy the intent requirement as set forth in Oregon v. Kennedy, 456 U.S. 667 (1982) so that double…
22-5504 Rafael Villanueva v. United States Fifth Circuit 2022-09-06 Denied Response WaivedIFP 5th-amendment commerce-clause competency criminal-procedure due-process mental-capacity 1. Because the trial court and the Fifth Circuit erred by finding Mr. Villanueva competent to stand trial, it violated his due process rights. 2. Bec…
21-8234 Bithomas Ceasar, Jr. v. United States Fifth Circuit 2022-06-27 Denied Response WaivedRelisted (2)IFP bureau-of-prisons commitment competency competency-hearing criminal-procedure district-court judicial-authority mental-health-commitment restoration statutory-interpretation Whether a district court lacks authority to order additional competency-restoration commitment under 18 U.S.C. § 4241(d)(2) once the director of a Bur…
21-8027 Derek J. DeGroot v. Wisconsin Wisconsin 2022-06-01 Denied Response WaivedIFP competency conflict-of-counsel counsel-conflict faretta-colloquy faretta-v-california pro-se-representation self-representation sixth-amendment timeliness trial-court-discretion Does the Sixth Amendment require a trial court to conduct a competency colloquy, pursuant to this Court's holding in Faretta v. California, where a de…
21-7879 Stanley Cookston v. Florida Florida 2022-05-16 Denied Response WaivedIFP competency competency-hearing constitutional-rights due-process fair-trial retrospective-determination trial-court trial-court-procedure 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 Co…
21-7228 Timothy Donald Dingle v. Brian Kendall, Warden Fourth Circuit 2022-02-28 Denied Response WaivedIFP civil-procedure competency due-process psychiatric-evaluation response-time standing Did both State courts and District court fail to consider or grant a conference hearing or conduct a Psychiatric evaluation? Did P.L.R. Court, In The…
21-7212 Kecia Porter v. Queen Cunningham Illinois 2022-02-25 Denied IFP capacity-determination competency constitutional-rights due-process equal-protection fair-review legal-review power-of-attorney retroactive 1. Whether the Petitioners 5th and 14th Amend. Rights were violated when the reviewing courts denied review on the merits of the case as the Petitione…
21-7171 Robin Lee Sherwood v. George A. Neotti, Warden Ninth Circuit 2022-02-22 Denied Response WaivedRelisted (2)IFP competency competency-to-plead-guilty guilty-plea habeas habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel prejudice-standard strickland-standard strickland-v-washington In evaluating the prejudice prong of habeas petitioner Robin Sherwood's ineffective assistance of counsel claim concerning his competency to plead gui…
21-6818 Arron Lawson v. Ohio Ohio 2022-01-11 Denied IFP 5th-amendment 8th-amendment capital-offenses competency competency-evaluation constitutional-rights criminal-procedure death-penalty due-process eighth-amendment fifth-amendment state-court-proceedings Does a state Court proceeding resulting in a sentence of death violate the Fifth and Eighth Amendments to the Constitution of the United States when t…
21-6711 Darius Smith v. United States District of Columbia 2021-12-22 Denied Response WaivedIFP competency due-process effective-assistance guilty-plea ineffective-assistance-of-counsel intellectual-disabilities intellectual-disability mental-competency mental-illness plea-proceeding sixth-amendment 1. Whether Petitioner's Fifth Amendment right to Due Process was violated where the record demonstrated that he had mental illness and intellectual di…
21-6547 Richard Lynn Long, Jr. v. Darrel Vannoy, Warden Fifth Circuit 2021-12-08 Denied Response WaivedIFP competency competency-evaluation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-review mental-health plea-agreement right-to-counsel Mr. Long asserts that his trial counsel was ineffective for failing to notify the court of the contents of aneuropshychologica! report that found he w…
21-6269 Johnathan Dewayne Mitchell v. United States Eighth Circuit 2021-11-15 Denied Response WaivedRelisted (2)IFP civil-rights competency criminal-procedure defendant-rights due-process forcible-medication judicial-authority medical-intervention medication mental-health Whether this Court should resolve an issue of first impression and decide if district courts have the authority to order the forcible medication of co…
21-5979 Leihinahina Sullivan, aka Jennifer Sullivan v. Reneau Kennedy, et al. Ninth Circuit 2021-10-15 Denied IFP civil-rights competency constitutional-rights criminal-procedure due-process federal-jurisdiction judicial-subpoena medical-records patient-privacy psychotherapist-patient-privilege standing Does a judge vested by Statute to Subpoena a Criminal defendants treating Psychotherapist— patient records, Cannot over a criminal defendant's express…
21-5701 Michel Cherfrere v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2021-09-17 Denied IFP competency competency-examination criminal-procedure due-process faretta-v-california right-to-counsel self-representation speedy-trial standby-counsel Do United States Supreme Court supported any Defendant who competent have right to represent himself in the criminal case at the jury trial. Do United…
21-5572 Kamau Alan Israel v. United States Fifth Circuit 2021-09-02 Denied Response WaivedIFP competency competency-hearing ineffective-assistance ineffective-assistance-of-counsel insanity-defense mental-illness plea-bargain sentencing sentencing-guidelines strickland-standard strickland-v-washington Trial counsel in this case failed to investigate Mr. Israel's mental illness before his case was adjudicated. But Mr. Israel has been mentally ill for…
21-293 Vincent Alphonso Powell v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-08-30 Denied Response Waived civil-rights competency competency-hearing constitutional-rights due-process forcible-medication mental-health panel-decision precedent standing waiver-of-rights 1. Did Powell make a substantial showing that he was entitled to a competency hearing under 28 U.S.C. § 2254(c)(2)? 2. Did Powell make a substantial …
21-5427 Kushawn Miles-El v. Connie Horton, Warden Michigan 2021-08-23 Denied Response WaivedIFP 6th-amendment capital-case civil-rights competency competency-hearing due-process fourteenth-amendment right-to-be-present right-to-counsel sixth-amendment I. WHETHER THE STATE COURT HAS DENIED PETITIONER KUSHAWN MILES-EL ANY RIGHT, PRIVILEGE OR IMMUNITY GUARANTEED HIM BY THE CONSTITUTION AND LAWS OF THE …
20-8091 Steven Zapata v. Kentucky Kentucky 2021-05-20 Denied Response WaivedIFP competency constructive-denial-of-counsel criminal-procedure cronic-standard cronic-v-united-states guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-colloquy strickland-standard strickland-v-washington I. Does the constructive denial of counsel standard under Cronic v. United States or the ineffective assistance of counsel standard under Strickland v…
20-7795 Antwan Lamar Hutchinson v. United States Sixth Circuit 2021-04-19 Denied Response WaivedRelisted (2)IFP abuse-of-discretion appellate-procedure competency competency-hearing criminal-procedure drope-standard due-process mental-health procedural-review sixth-circuit standard-of-review 1) Should the Court reverse the Sixth Circuit's modified version of the three-factor legal test in Drope v. Missouri, because it adds a fourth factor,…
20-7238 Alberto Julio Garcia v. Mississippi Mississippi 2021-02-24 Denied IFP competency cruel-and-unusual-punishment death-penalty due-process dusky-standard eighth-amendment fourteenth-amendment mental-competency pretrial-proceedings restorative-treatment Does Mississippi's "presumption of competency" violate the Fourteenth Amendment, and/or the Eighth Amendment, when that presumption is expanded to all…
20-7173 Venecia Depaula v. Florida Florida 2021-02-17 Denied Response WaivedIFP competency competency-hearing constitutional-rights ineffective-assistance ineffective-assistance-of-counsel mental-health plea-offer privileged-communication waiver I. WAS COUNSEL'S ASSISTANCE RENDERED INEFFECTIVE BY HIM ALLOWING PETITIONER TO REJECT A FAVORABLE PLEA OFFER WHERE COUNSEL POSSESSED KNOWLEDGE THAT PE…
20-6804 Stephen Cometa v. United States Eleventh Circuit 2021-01-08 Denied Response WaivedIFP bona-fide-doubt competency competency-hearing due-process eleventh-circuit irrational-behavior medical-opinions pate-v-robinson sua-sponte trial-competence This petition presents the legal question in terms of what is minimally required to trigger a trial court's obligation to conduct a competency hearing…
20-6679 Larry Dortley v. Florida Florida 2020-12-21 Denied Response RequestedResponse WaivedRelisted (3)IFP civil-rights competency criminal-procedure drope-v-missouri due-process equal-protection fifth-amendment fourteenth-amendment mental-competency trial-rights Petitioner, Larry Dortley, was declared incompetent to proceed to trial by the Third Judicial Circuit Court, Columbia County, Florida, and was involun…
20-5917 Eric Malmstrom v. United States First Circuit 2020-10-06 Denied Response RequestedResponse WaivedRelisted (2)IFP civil-procedure competency criminal-law criminal-procedure due-process embassy-communication judicial-discretion mental-competency mental-disease mental-disease-or-defect standing sua-sponte Whether the district court abused its discretion when it failed to sua sponte order a competency evaluation. The facts of Petitioner's crime, standing…
20-5716 James Ziegenfuss v. Anthony Mackey, et al. Arizona 2020-09-16 Denied Response WaivedIFP 8th-amendment capital-punishment civil-rights competency due-process mental-illness 1. WHETHER IT IS UNCONSTITUTIONAL FOR THE RESPONDENT JUDGES, PRO-TEM JUDGE ANTHONY MACKEY, AND MS. TAHELLE MEHEURH, ARIZONA, TO ALLOW PETITIONER TO US…
20-5591 Joseph G. Edwards v. Scott R. Frakes, Director, Nebraska Department of Correctional Services Nebraska 2020-09-03 Denied Response WaivedIFP competency compulsory-process constitutional-rights due-process equal-protection material-facts nebraska-supreme-court precedential-authority sexual-assault vulnerable-adult 1. The petitioner asks this honorbale court, did, the Petitioner;, obtain a denial from the Nebraska Supreme Court, that omitted material fact(s) on o…
20-5505 Keith O. Johnson v. Florida Florida 2020-08-26 Denied Response WaivedIFP competency competency-hearing constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment fundamental-error mental-health CAN, a Defendant pursuant to Florida Rules of Criminal Procedure § 3.210 be proceeded against in a criminal proceeding where a question of Defendant '…
20-5265 Hazhar A. Sayed v. Colorado Colorado 2020-08-05 Denied Response WaivedIFP competency competency-evaluation constitutional-rights criminal-procedure due-process jury-instructions post-arrest-silence right-to-remain-silent self-defense Whether the trial court violated Sayed's constitutional right to remain silent and reversibly erred when it allowed the government to question a DOC i…
20-57 Maurice McGinnis, By His Conservator Derrick K. Jones v. Sonny Perdue, Secretary of Agriculture, et al. District of Columbia 2020-07-23 Denied Response Waived arbitration arbitration-procedure civil-rights competency consent-order due-process equitable-jurisdiction guardian-ad-litem miscarriage-of-justice procedural-deadline Whether strict application of procedural deadlines by an Arbitrator under the guidelines of the Consent Order in Pigford v. Glickman, 185 F.R.D. 82 (D…
19-8442 Erica J. Walker v. Florida Florida 2020-05-12 Denied Response WaivedIFP competency criminal-procedure due-process effective-assistance-of-counsel fair-proceeding fifth-amendment fourteenth-amendment ineffective-assistance insanity mental-health mental-health-evaluation I. Was the Petitioner's right to a fair proceeding, effective assistance of counsel and Due Process of law violated when trial counsel LeRonnie Mason …
19-8329 Adam Strege v. United States First Circuit 2020-04-22 Denied Response WaivedIFP access-to-courts civil-rights competency constitutional-rights court-access due-process judicial-discretion judicial-review legal-procedure psychiatric-evaluation standing Is it Unconstitutional that no Article III District Court Judge has been assigned to this Case the First Circuit Court had no Jurisdiction with the 4 …
19-8286 Edward Tiger v. Florida Florida 2020-04-17 Denied Response WaivedIFP competency criminal-competency criminal-procedure due-process fifth-amendment fourteenth-amendment jurisdiction jurisdictional-prerequisite Whether a finding that a criminal defendant is presently competent to proceed is a jurisdictional prerequisite to a court's authority to deprive an ac…
19-7769 Demetrius Antwon Wilson v. David Shinn, Director, Arizona Department of Corrections, et al. Ninth Circuit 2020-02-25 Denied IFP 6th-amendment competency competency-to-stand-trial constitutional-rights criminal-investigation criminal-procedure due-process evidence fair-trial fifth-amendment ineffective-assistance-of-counsel interrogation law-enforcement plea-bargaining prosecutorial-misconduct self-representation If yourrepresenting yourself do you think I'm Competent to Stand trial or Sign a plea If you had Fecent Surgery of having Part of your Intestine remov…
19-6912 David Abara v. Jack Palmer, Warden, et al. Ninth Circuit 2019-12-12 Denied Response WaivedIFP appeal competency competency-exam criminal-procedure faretta-canvass irreconcilable-conflict right-to-counsel self-representation sixth-amendment trial-court SHOULD THIS COURT ADDRESS, IN QUESTION OF FIRST-IMPRESSION, WHETHER IT VIOLATES THE SIXTH AMENDMENT RIGHT TO COUNSEL FOR A TRIAL COURT TO FORCE A DEFE…
19-6525 Sean Trent Barnes v. United States Fourth Circuit 2019-11-06 Denied Response WaivedIFP abuse-of-discretion competency competency-hearing criminal-procedure due-process guilty-plea plain-error-review plea-bargaining pro-se-representation self-representation sentencing sentencing-enhancement The issue subsuming all other issues in this appeal is whether I. or not, Mr. Sean Trent Barnes, while incarcerated in pre-trial cus tody as a federal…
19-6422 Calvin Dunell Burns v. Florida Florida 2019-10-29 Denied IFP appeal appellate-review civil-rights competency constitutional-violations due-process evidence legal-procedure mental-competency mental-health standing trial-counsel trial-procedure 1). why didn't the First District Court oF Appeals, State of Florida, rule fairly in the Petitioner's Direct Appeal on the merits of the issues in the…
19-6393 Jean-Paul Gamarra v. United States District of Columbia 2019-10-24 Denied Response WaivedIFP civil-rights competency criminal-competency criminal-procedure due-process expert-testimony involuntary-medication involuntary-treatment mental-health psychiatric-testimony trial-fairness In Sell v. United States, 539 U.S. 166, 179 (2003), this Court held that "the Constitution permits the Government involuntarily to administer antipsyc…
19-6258 In Re Tiran R. Casteel 2019-10-11 Denied Response WaivedIFP appeal appellate-review competency district-court due-process eighth-circuit false-premise legal-competency mental-health restoration retroactive-determination trial trial-procedure Was the Petitioner restored Prior to the November 2009 Trial ?#1 Was the Petitioners Due Process of Law violated by being Tried in Noveirber 2009, wh…
19-5992 Demond Chatman v. Douglas Demoura First Circuit 2019-09-18 Denied Response WaivedIFP appellate-review certificate-of-appealability competency competency-to-stand-trial due-process first-circuit first-circuit-court-of-appeals genuine-issue right-to-trial standing Did the First Circuit Court of Appeals err in refusing to grant certificate of appealability where, contrary to their stated denial, petitioner presen…
19-5839 Randall Wayne Mays v. Texas Texas 2019-09-05 Denied IFP competency cruel-and-unusual-punishment death-penalty delusions due-process eighth-amendment ford-hearing junk-science lay-stereotypes mental-competency mental-illness panetti-v-quarterman 1. May a state court rely on junk science and lay stereotypes of the severely mentally ill to adjudicate a Ford claim ? 2. If an inmate acknowledges …
19-5646 Brian Caputo v. United States Ninth Circuit 2019-08-20 Denied Response WaivedIFP cognitive-capacity cognitive-impairment competency criminal-procedure criminal-procedure-plea-bargaining due-process knowing-intelligent-waiver mental-capacity neurological-impairment neurology plea-agreement Does a defendant knowingly, voluntarily, and intelligently enter into a plea agreement where he is neurologically incapable of understanding the futur…
19-5619 Leonardo R. German v. Jerry Goodwin, Warden Fifth Circuit 2019-08-16 Denied IFP competency constitutional-rights consular-assistance consulate-assistance criminal-procedure double-jeopardy due-process habeas-corpus mental-health miranda-rights sanity-hearing 1) Did Mr. German possess a Constitutional right to a SANITY COMMISSION HEARING, after his new lawyer raised issues as to his competency prior to the …
19-5598 Wade Hampton Bigelow, aka Ray Ford Gore v. United States Fifth Circuit 2019-08-15 Denied Response WaivedIFP civil-rights competence-to-stand-trial competency constitutional-rights criminal-procedure discrimination due-process ineffective-assistance-of-counsel insanity-defense judicial-discretion mental-competency mental-health mental-health-records psychiatric-evaluation 1. Whether the District Court Failed To Rule consistent with the Insanity Defense Reform Act (IDRA) (18 U.S.C. § 17) by failing to make a differentiat…
19-5319 William J. Barnes Jr. v. New York New York 2019-07-24 Denied IFP appellate-review competency constitutional-rights due-process ineffective-assistance-of-counsel ineffective-counsel insanity-defense mental-capacity mental-competency structural-error trial-procedure ONE Having Found That Significant Grounds Existed to Believe That The Defendant Was an Incapacitated Person, Did The County Court Deprive The Petitio…
18-9247 Hitoshi Ombe v. Susana Martinez, et al. Tenth Circuit 2019-05-14 Denied Response WaivedRelisted (2)IFP autism-disability civil-rights cognitive-ability competency competency-ability disability due-process emotional-damages executive-function instrumental-aggression knowledge-of-disability legal-competency pro-se pro-se-litigant pro-se-litigation standing Question 1: Does the depressed autism minority have adequate competency or ability to litigate on his own (pro se) without any help or support? The co…
18-8881 Garry Coleman v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-04-17 Denied Response WaivedIFP circuit-split civil-procedure civil-procedure-rule-52-rule-60 coa competency conclusions-of-law due-process federal-procedure findings-of-fact habeas-corpus rule-60b-motion CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE DISTRICT COURT FAILED TO PROVIDE ANY FINDINGS OF FACT SPECIALLY AND CONCLUSIONS OF LAW AS IS REQUIRED BY…
18-8723 Miles Sterling Bench v. Oklahoma Oklahoma 2019-04-08 Denied IFP 8th-amendment affidavit civil-rights competency costs criminal-appeals death-penalty declaration due-process filing-fees in-forma-pauperis indigent indigent-status mental-illness oklahoma-law supreme-court-procedure writ-of-certiorari Question not identified.
18-8473 Eric Laquinne Brown, aka Eric L. Brown, aka Eric Brown v. Mississippi Mississippi 2019-03-19 Denied Response WaivedIFP civil-rights competency competency-hearing constitutional-rights criminal-procedure due-process guilty-plea mental-competency mental-evaluation mental-health mississippi-uniform-rule-9.06 plea-bargaining procedural-bars procedural-due-process standing 1. Did Brown have a Constitutional right to have a competency hearing before he plead guilty, where Brown was granted two (2) court orders for a menta…
18-8167 Frederick H. Banks v. United States Third Circuit 2019-02-27 Denied Response WaivedIFP appeals civil-procedure civil-rights competency due-process error-correction indian-law standing tribal-sovereignty Did the Appals Court err in faulng to find tat "Sound Reasons Exist" for filimg tre Error Coran Nobis pedton? Did the Appeas Courter in failing to ap…
18-8011 Kevin Kerr v. William P. Barr, Attorney General Eighth Circuit 2019-02-19 Denied Response WaivedIFP 42-usc-1988 6th-amendment civil-rights competency criminal-procedure due-process federal-jurisdiction free-speech pardon pro-se-appearance psychological-evidence self-representation sixth-amendment standing 1. AS CONSISTENT WITH THE ACTUAL INNOCENCE OF ONE INDIVISIBLE NATION, TO WIT: THE HIGHER-SELF PARDONING OF THIS PETITIONER'S DEIFIC LIFE-RIGHT TO "THE…
18-7835 Iouri Mikhel v. United States Ninth Circuit 2019-02-07 Denied IFP burden-of-proof competency competency-hearing criminal-procedure death-penalty due-process federal-criminal-procedure federal-judiciary hostage-taking judicial-discretion mental-health recusal standard-of-proof treaty-power trial-procedure 1. Due process requires the trial court to order a competency hearing whenever the uncontradicted evidence raises a doubt as to the defendant's compet…
18-7620 Emmanuel Adeyinka v. Harris County Jail, et al. Fifth Circuit 2019-01-31 Denied IFP civil-procedure civil-rights competency criminal-conviction cruel-and-unusual-punishment death-penalty due-process eighth-amendment eleventh-amendment immunity mental-illness monetary-damages personal-involvement rational-understanding section-1983 standing Question not identified.
18-7662 Nolan Lewis v. United States Ninth Circuit 2019-01-30 Denied Response WaivedIFP abuse-of-discretion competency competency-evaluation criminal-procedure due-process guilty-plea judicial-discretion mental-competency ninth-circuit restitution restitution-hearing A. Whether the Ninth Circuit Court of Appeals applied the proper legal standard for determining whether the district court abused its discretion in fa…
18-7502 Edjuan Payne v. Illinois Illinois 2019-01-24 Denied IFP appeals appellate-review civil-rights competency criminal-procedure due-process mental-fitness mental-health right-to-a-fair-trial right-to-counsel sentencing trial-errors Question not identified.
18-7547 Michael Joseph Mulder v. Nevada Nevada 2019-01-24 Denied IFP competency cruel-and-unusual-punishment death-penalty dementia eighth-amendment intellectual-disability memory-loss Whether the Eighth Amendment categorically excludes from the death penalty an individual who, because of a stroke that caused dementia, is functionall…
18-7504 Raphael R. Hamilton v. Joe M. Allbaugh, Director, Oklahoma Department of Corrections Tenth Circuit 2019-01-18 Denied IFP circuit-court-discretion coercion competency criminal-procedure defendant-rights due-process guilty-plea guilty-plea-withdrawal jurisdiction jurisdictional-issue right-to-withdraw standard-of-review statutory-interpretation WHETHER THE TENTH CIRCUIT COURT OF APPEALS ERRED BY NOT REVERSING THE TRIAL COURTS ORDER DENYING PETITIONER HIS RIGHT TO WITHDRAWAL OF THE GUILTY PLEA…
18-6959 Glenn Lloyd Kingham v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-12-07 Denied IFP 4th-amendment actual-prejudice assistance-of-counsel civil-rights competency constitutional-rights criminal-procedure due-process exclusionary-rule habeas-corpus judicial-review post-conviction probable-cause procedural-rules search-and-seizure 1.If arbitrary government intrusion violates the fourth amendment by means of unlawful detention with out probable cause, can thgt intrusion be used t…
18-6568 Harold Max Pompee v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-11-05 Denied IFP competence competency constitutional-rights criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance-of-counsel right-to-competence Defendants have a right to be competent at all stages of criminal proceedings. Because defense counsel has the most exposure to the defendant, the pri…
18-6544 Robert Joe McNemar v. Ralph Terry, Acting Warden Fourth Circuit 2018-11-05 Denied IFP 14th-amendment 6th-amendment competency competency-evaluation criminal-defendant due-process fourteenth-amendment ineffective-assistance-of-counsel mental-health plea-bargain plea-bargaining sixth-amendment Does due process under the Constitution's Sixth and Fourteenth Amendments require a State trial court to make an EXPRESS independent competency determ…
18-6401 James Gabriel Smith v. United States Sixth Circuit 2018-10-23 Denied Response WaivedIFP appellate-review competency criminal-procedure due-process federal-rules-of-criminal-procedure informed-consent judicial-process plea-bargaining plea-colloquy rule-11-procedure FED. R. CRIM. P. 11 requires district courts to engage in a specific, on-the-record plea colloquy. In reviewing a plea colloquy, is it sufficient for …
18-6329 Adan Sandoval Dominguez v. M. Eliot Spearman, Warden Ninth Circuit 2018-10-16 Denied Response WaivedIFP competency competency-standard constitutional-law criminal-procedure due-process factual-understanding judicial-standard major-depressive-disorder mental-competency mental-health rational-understanding standing trial-rights Did defendant meet the competency requirement to stand trial set forth in Godinez v. Moran, 509 U.S. 389 (1993), which states a defendant must have "s…
18-6247 Roy Parker v. Burl Cain, Warden Fifth Circuit 2018-10-09 Denied IFP 6th-amendment competency conflict-of-interest constitutional-provisions due-process evidentiary-hearing ineffective-assistance-of-counsel right-to-testify sixth-amendment 1). Did Petitioner receive the effective assistance of counsel as guaranteed by the Amendment to the United States Co,wtithl.ion 4ien trial counsel al…
18-6084 Sharon Lee v. Florida Florida 2018-09-24 Denied Response WaivedIFP competency constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel manifest-injustice mental-capacity plea-bargaining I. WAS THE PETITIONER'S CONSTITUTIONAL RIGHTS VIOLATED WHEN THE PETITIONER UNKOWINGLY AND UNINTELLIGENTLY ACCEPTED A PLEA TO A SECOND DEGREE MURDER CH…
18-6081 Manuel Enrique Camacho v. Wendy Kelley, Director, Arkansas Department of Correction Eighth Circuit 2018-09-24 Denied Response WaivedIFP cognitive-impairment competency criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel mental-capacity mental-competency psychiatric-evaluation psychiatric-report I. Whether trial counsel was ineffective for failing to determine if Mr. Camacho was competent to enter a guilty plea in light of a psychiatric report…
18-5857 Jeffrey Latimore v. Julie L. Jones, Secretary, Florida Department of Corrections Florida 2018-09-04 Denied Response WaivedIFP competency competency-hearing constitutional-rights criminal-procedure due-process habeas-corpus mental-competency plea-agreement plea-bargaining right-to-counsel state-attorney-office state-court state-courts trial-court WHETHER TRIAL COURT ABUSED THEIR AUTHORITY BY DENYING PETITIONER LATIMORE A COMPETENCY HEARING BEFORE A PLEA AGREEMENT WHETHER THE STATE ATTORNEY OFF…
18-5787 Danyale Sharron Tubbs v. Michigan Michigan 2018-08-28 Denied IFP competency competency-defense due-process ineffective-assistance ineffective-assistance-of-counsel mental-competency mental-illness plain-error procedural-default sentencing sentencing-error strickland-standard WAS MICHIGAN'S APPLICATION OF STRICKLAND V WASHINGTON UNREASONABLE WHERE DEFENSE COUNSEL FAILED TO INVESTIGATE AND PRESNT A COMPETENCY DEFENSE IN LIGH…
18-5616 Robert Earl Clayborne, Jr. v. Nebraska Eighth Circuit 2018-08-16 Denied Response WaivedIFP 6th-amendment civil-rights competency competency-hearing criminal-defense criminal-procedure due-process effective-assistance-of-counsel mental-disability mental-health prosecutorial-misconduct right-to-counsel sixth-amendment Why Petitioner entitled to a Certificate of Appealability on the issue of Ineffective Assistance of Counsel based on Incompetence? Was the Petitioner…
18-5416 Ramal Hammond v. Ohio Ohio 2018-07-31 Denied Response WaivedIFP amnesia burden-of-proof competency criminal-procedure defendant-amnesia due-process dusky-standard dusky-v-united-states mental-capacity right-to-counsel sixth-amendment trial-competency When the evidence of guilt is far from overwhelming but cannot be rebutted without information that only the defendant would know, but due to amnesia …
24A284 Freddie Owens v. Bryan Stirling, et al. Fourth Circuit Denied capital-punishment competency cruel-and-unusual death-penalty eighth-amendment mental-illness Question not identified.
24A592 Tahina Corcoran, as next friend on behalf of Joseph E. Corcoran v. Ron Neal, Warden Seventh Circuit Denied competency death-penalty eighth-amendment execution-stay mental-illness schizophrenia Question not identified.