| 25A875 |
Telina Fuller v. Hector Sanchez, et al. |
Sixth Circuit |
2026-02-04 |
Denied |
|
competency-hearing constitutional-violation due-process godinez-standard self-representation sixth-amendment |
Question not identified. |
| 25-5812 |
Michael Barreto v. United States |
Second Circuit |
2025-10-07 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
competency-hearing criminal-procedure defendant-rights judicial-discretion mental-competency statutory-interpretation |
If a district court orders a competency examination under § 4241(b) based upon reasonable cause to question a defendant's competency, is it mandatory … |
| 25-5014 |
Phillip R. Durachinsky v. United States |
Sixth Circuit |
2025-07-02 |
Denied |
Response WaivedIFP |
competency-hearing critical-stages defense-counsel due-process effective-advocacy sixth-amendment |
Where defense counsel reasonably believes that their client may be incompetent, but the defendant disagrees, does the Sixth Amendment require a distri… |
| 24-6527 |
Hazhar A. Sayed v. Gilbert Caley, Warden, et al. |
Tenth Circuit |
2025-02-10 |
Denied |
IFP |
competency-hearing criminal-procedure due-process ineffective-assistance pro-se-litigant self-defense |
1) Whether The Doyle v. Ohio. 426 U.S. 610 (1976) violation had a substantial and
injurious effect in determining the jury 's verdict?
2) Whether the… |
| 24-6173 |
James Louis Lange, II v. Texas |
Texas |
2024-12-18 |
Denied |
IFP |
competency-hearing court-of-criminal-appeals criminal-procedure due-process mental-competency trial-court |
Did the Texas Court of Criminal Appeals err in denying Applicant's contention that the trial court did not conduct a proper competency inquiry because… |
| 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… |
| 23A1028 |
Kalamice Keson Piggee v. Gena Jones, Warden |
Ninth Circuit |
2024-05-20 |
Presumed Complete |
|
competency-hearing criminal-trial due-process habeas-corpus ineffective-assistance mental-health |
Question not identified. |
| 23-7037 |
Billy Joe King v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2024-03-20 |
Denied |
IFP |
appellate-jurisdiction burden-of-proof civil-procedure competency-hearing constitutional-rights criminal-procedure due-process evidence-admissibility judicial-review mental-capacity standing |
Question not identified. |
| 23-6756 |
Kenneth J. Coleman v. United States |
Fifth Circuit |
2024-02-15 |
Denied |
Response WaivedIFP |
competency-hearing confrontation-clause criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel mental-competency pate-v-robinson plea-agreement |
1). Is the petitioner constitutionally entitled to a hearing upon the issue of his competency to stand trial.
Was the petitioner tried, convicted and… |
| 23A555 |
Brandon Michael Council v. United States |
Fourth Circuit |
2023-12-15 |
Presumed Complete |
|
competency-hearing criminal-trial due-process ineffective-assistance mental-competence supreme-court-review |
Question not identified. |
| 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… |
| 23-5480 |
Jesus C. More v. Florida |
Florida |
2023-08-30 |
Denied |
Response WaivedIFP |
appellate-procedure competency-hearing due-process jurisdiction jurisdictional-bar procedural-rules remedies separation-of-powers subject-matter-jurisdiction |
1.) IN LIGHT OF ALEXANDER HAMILTON 'S ASSERTED SEPARATION OF
POWERS PRINCIPLES IN "THE FEDERALIST PAPES " NO. 78 AND 81, IS TRIAL
PROCEDURAL JURISDI… |
| 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? |
| 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… |
| 21-8228 |
Angel Daniel Caraballo v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2022-06-24 |
Denied |
Response WaivedIFP |
competency-hearing criminal-procedure due-process evidentiary-standards habeas-corpus ineffective-assistance-of-counsel mental-health sworn-testimony |
Question (1)
WHETHER DEFENDANT IS ENTITLED TO A COMPETENCY HEARING WHERE THE FACE OF THE COURT RECORD REFLECTS THAT THE STATE, DEFENSE COUNSEL AND THE… |
| 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… |
| 21-7120 |
David John Telles, Jr. v. United States |
Ninth Circuit |
2022-02-15 |
Denied |
Response WaivedIFP |
competency-hearing constitutional-rights due-process expert-testimony grooming-expert-testimony malingering mental-disorder mental-disorder-defense self-representation standard-of-review |
1. What is the correct standard for reviewing denied motions for competency
hearings, under 18 U.S.C. § 4241(a) and constitutional due process? Is rev… |
| 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 … |
| 20-8233 |
Adam Paul Strege v. United States |
First Circuit |
2021-06-07 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights competency-hearing constitutional-rights due-process false-imprisonment free-speech judicial-review pro-se-representation standing |
is it legal fore all life and objects on Earth and other Planet God and everyone in Hell to spread the Plague and Corona Virus to Exterminate 100% of … |
| 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,… |
| 20-7729 |
Casey Rose v. United States |
Fifth Circuit |
2021-04-13 |
Denied |
Response WaivedIFP |
competency-hearing confrontation-clause cooperating-witness cross-examination due-process impeachment indiana-v-edwards self-representation witness-impeachment |
Whether the termination of cross-examination of a cooperating with incentives to lie prior to being able to impeach the witness violated the confronta… |
| 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… |
| 20-5619 |
James Allen Minyard v. North Carolina |
North Carolina |
2020-09-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
competency-hearing due-process fair-trial fourteenth-amendment harmless-error prejudice structural-error trial-rights |
There was a bona fide doubt as to Petitioner's competence to be tried, due to him becoming stuporous and non-responsive in the second day of his two-d… |
| 20-5616 |
Zachary Knotts v. West Virginia |
West Virginia |
2020-09-08 |
Denied |
Response WaivedIFP |
bench-trial competency-hearing constitutional-rights criminal-procedure double-jeopardy due-process indictment-disposition mental-competency proof-standard trial-jurisdiction |
If a defendant is indicted and found not competent to stand trial, is the court obligated to write a final order disposing of the case when the court … |
| 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 '… |
| 20-5468 |
Corey Manning v. Michigan |
Michigan |
2020-08-24 |
Denied |
IFP |
competency-hearing competency-to-stand-trial constitutional-rights criminal-procedure critical-stages due-process fair-trial judicial-procedure right-to-be-present supreme-court-precedent trial-presence |
1.) WHETHER DEFENDANT-APPELLANT WAS DENIED HIS CONSTITUTIONAL RIGHT TO BE PRESENT AT ALL CRITICAL STAGES OF TRIAL WHERE HE WAS INTENTIONALLY NOT SUMMO… |
| 19-8247 |
John Wilson v. Florida |
Florida |
2020-04-13 |
Denied |
IFP |
competency-hearing criminal-procedure defendant-rights due-process judicial-procedure mental-competency self-representation sixth-amendment trial-court trial-court-discretion |
WHETHER THE TRIAL COURT WAS OBLIGATED
TO DETERMINE THE MENTAL COMPETENCY OF
A DEFENDANT BEFORE GRANTING HIM THE
RIGHT TO REPRESENT HIMSELF AT TRIAL IF… |
| 19-7840 |
Victor Dewayne Jones v. Joe Errington |
Fifth Circuit |
2020-03-02 |
Denied |
Response WaivedIFP |
civil-rights competency-hearing criminal-procedure due-process guilty-plea ineffective-assistance judicial-review mental-competency mental-evaluation post-conviction psychiatric-evaluation public-defender sentencing sentencing-petition trial-counsel |
whather Petitioner was denied his right to bue Process of Law
where the pike counts Circuit court convicted Petitioner with out a Mental
Evaluation an… |
| 19-7674 |
Kyle K. Clark v. Kevin Lindsay, Warden |
Sixth Circuit |
2020-02-14 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
competency-hearing criminal-procedure criminal-responsibility cronic-standard right-to-counsel sixth-amendment state-action united-states-v-cronic |
DID THE SIXTH CIRCUIT DEPART FROM THIS COURT'S PRIOR DECISIONS
AND CREATE A CONFLICT WITH ITS OWN PRECEDENT AND A SPLIT
WITH OTHER CIRCUITS REQUIRING … |
| 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… |
| 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… |
| 18-8233 |
Calvin J. Reid v. United States |
Sixth Circuit |
2019-03-05 |
Denied |
Response WaivedIFP |
§2255-motion 18-usc-4241 certificate-of-appealability circuit-split competency-hearing criminal-procedure criminal-procedure-appeal due-process ineffective-assistance mental-competency mental-illness right-to-counsel standards-of-review |
WHETHER THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT HAS ENTERED A DECISION IN CONFLICT WITH THE DECISION OF ANOTHER UNITED STATES COURT O… |
| 18-8077 |
Donald Glenn Estes v. Renee Baker, Warden, et al. |
Ninth Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
competency-hearing criminal-procedure due-process fifth-amendment fourteenth-amendment involuntary-confinement mental-competency mental-health-confinement prosecutorial-evidence right-to-remain-silent wainwright-v-greenfield |
1. Whether this Court's Decisions in Wainwright v. Greenfield, 474 U.S. 284 (1996), and Buchanan v. Kentucky, 483 U.S. 402 (1987), Allow a Prosecutor … |
| 18-7876 |
Jordie L. Callahan v. United States |
Sixth Circuit |
2019-02-08 |
Denied |
Response WaivedRelisted (2)IFP |
6th-amendment competency-hearing criminal-procedure criminal-proceedings direct-appeal due-process effective-assistance-counsel effective-assistance-of-counsel mental-capacity mental-competency mental-evaluation sixth-amendment |
Whether a Mentally Deficient Defendant is Entitled to a Competency Hearing or Mental Evaluation to Determine if the Defendant is in Fact Capable of As… |
| 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… |
| 18-7809 |
James Were v. Ohio |
Ohio |
2019-02-07 |
Denied |
IFP |
buck-v-davis competency-hearing death-penalty death-penalty-eligibility eighth-amendment fourteenth-amendment intellectual-disability iq-scores racial-bias |
1. Did the Supreme Court of Ohio violate the Eighth and Fourteenth Amendments when it refused to reopen Petitioner's direct appeal to consider evidenc… |
| 18-7731 |
Anthony Ciavone v. Connie Horton, Warden |
Sixth Circuit |
2019-02-04 |
Denied |
Response WaivedRelisted (2)IFP |
actual-innocence competency-hearing court-jurisdiction due-process evidence-fabrication fraud-on-court fraud-on-the-court judicial-fraud judicial-integrity jurisdictional-defects supervisory-power |
1. Whether Supervisory Power of this Court is necessary to investigate and correct an extrinsic fraud upon the lower courts where irrefutable evidence… |
| 18-7558 |
Brandon Lamar Hawkins v. Florida |
Florida |
2019-01-24 |
Denied |
Response WaivedRelisted (2)IFP |
competency-hearing criminal-procedure criminal-procedure-competency criminal-sentencing due-process ineffective-assistance judicial-procedure mental-competency mental-health resentencing sentencing trial-court trial-court-discretion |
WHETHER PETITIONER IS ENTITLED TO DISCHARGE, NEW TRIAL, AND/OR RESENTENCING BASED ON THE TRIAL COURT FAILING TO CONDUCT A COMPETENCY HEARING AFTER IT … |
| 18-7464 |
Carlton E. Gary v. Florida |
Florida |
2019-01-16 |
Denied |
IFP |
competency-hearing criminal-procedure due-process evidentiary-standard expert-testimony expert-witness fundamental-error judicial-error prejudice violation witness-credibility witness-influence |
I). Dr. Merin, had not made contact with a witness to the Criminal charges. The Credibility of her report would have been considered proper.
2). Can … |
| 18-7460 |
Clint Horvatt v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2019-01-16 |
Denied |
IFP |
adversarial-testing appeal change-of-venue civil-procedure competency-hearing criminal-acts criminal-procedure disciplinary-history due-process independent-act-doctrine ineffective-assistance involuntary-intoxication record standing trial-counsel trial-court |
In claim one and two, did the trial court fail to attach portions of the record.
In claim 3(A), did trial counsel fail to investigate criminal acts a… |
| 18-6917 |
Rodolfo Portela v. United States |
Eleventh Circuit |
2018-12-04 |
Denied |
Response WaivedIFP |
appeal competency-hearing conspiracy controlled-substance controlled-substances criminal-procedure criminal-procedure-sentencing drug-conspiracy drug-trafficking evidence-suppression firearm-possession sentencing sentencing-guidelines sufficiency-of-evidence |
1. Whether The District Court, Erred When It Found That There was
Sufficient Evidence That the Appellant had Committed the Acts
Alleged in Count I, Co… |
| 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… |
| 18-5616 |
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… |
| 18-5456 |
Gary Allen Kachina v. United States |
Eighth Circuit |
2018-08-03 |
Denied |
Response WaivedIFP |
brady-v-maryland brady-violation competence competency-hearing criminal-procedure discovery discovery-violation discovery-violations due-process exculpatory-evidence mental-health mental-health-evaluation necessity-defense subpoena |
Did the Trial Court error in denying petitioner's motions for Discovery violations under BRADY v. MARYLAND and for refusal to enforce petitioner's cou… |