| 24-6634 |
Robert Andrew Wolter v. United States |
Eighth Circuit |
2025-02-25 |
Denied |
Response WaivedIFP |
circuit-split competency-evaluation criminal-procedure speedy-trial-act statutory-interpretation transportation-delay |
When a criminal defendant is transported to another facility to undergo a competency evaluation, does the time between the date of the order for trans… |
| 23-7731 |
In Re Jack Carpenter, III |
|
2024-06-17 |
Denied |
IFP |
burden-of-proof civil-liberties competence competency-evaluation constitutional-rights due-process ineffective-assistance-of-counsel judicial-procedure legal-interpretation presumption-of-jurisdiction procedural-error |
\s Ot Wallens 2 Ns Nas sdickion usd oc Gilad one ck evidence of \asompatence?
Moe Cevcyours LoedeSs oc Yne\neSs Yourchedk WED _O. co, Sous Qraekre « … |
| 23-6993 |
Leon Akins v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-03-14 |
Denied |
IFP |
competency-evaluation criminal-procedure drope-v-missouri due-process dusky-v-united-states judicial-review mental-competency record-evidence trial-standards |
DOES THE ELEVENTH CIRCUIT COURT OF APPEALS DECISION CONFLICT WITH THIS COURTS DECISION IN DUSKY V. UNITED STATES, 362 US 402 (1960) AND DROPE V. MISSO… |
| 23-6149 |
Gary Lynn Gatlin v. United States |
Fourth Circuit |
2023-12-01 |
Denied |
Response WaivedIFP |
4241-motion competency-evaluation criminal-procedure due-process intellectual-disability mental-competency mental-illness standards-of-review |
I. SHOULD COURTS EVALUATE EVIDENCE SUPPORTING MOTIONS FOR COMPETENCY EVALUATIONS DIFFERENTLY WHEN THE CLAIMED BASIS FOR INCOMPETENCY IS INTELLECTUAL D… |
| 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… |
| 21-6547 |
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… |
| 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… |
| 19-6361 |
Gregory Alan McKown v. United States |
Fifth Circuit |
2019-10-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
civil-rights commitment competency-evaluation criminal-procedure due-process involuntary-commitment liberty liberty-interest mathews-factors mathews-v-eldridge mental-health procedural-safeguards substantive-due-process |
I. Does mandatory, involuntary commitment of an incompetent defendant to the Bureau of Prisons for the sole purpose of evaluating whether he can attai… |
| 19-6316 |
James Matthew Shelton v. United States |
Sixth Circuit |
2019-10-22 |
Denied |
Response WaivedIFP |
certificate-of-appealability competency-evaluation competency-to-stand-trial evidentiary-hearing habeas habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-discretion sixth-amendment sixth-circuit |
DENYING CERTIFICATE OF APPEALABILITY AS TO WHETHER THE LOWER
COURT;
(1) ERRS DENYING SHELTON'S HABEAS CLAIM ALLEGING INEFFECTIVE
ASSISTANCE OF COUNS… |
| 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… |
| 18-7091 |
Steven Anthony Butler v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2018-12-18 |
Denied |
IFP |
capital-punishment capital-sentencing competence competency-evaluation ineffective-assistance ineffective-assistance-of-counsel investigation judicial-process judicial-review mental-competence mental-health mitigating-evidence procedural-fairness |
1. When, in reviewing the two-part claim that trial counsel was ineffective both for
failing to provide known, relevant information to mental health e… |
| 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… |