mental-competency

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Case Title Lower Court Docketed Status Flags Tags Question Presented
25-5968 Mark Wheeler v. United States Eleventh Circuit 2025-10-28 Dismissed Response RequestedResponse WaivedIFP constitutional-rights criminal-procedure defendant-rights due-process involuntary-commitment mental-competency 1. Does the mandatory commitment of a permanently incompetent defendant solely to assess the possibility of restoring competency violate due process?
25-5812 Michael Barreto v. United States Second Circuit 2025-10-07 Pending Response RequestedResponse WaivedRelisted (2)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 …
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…
24-6164 Tahina Corcoran, as next friend on behalf of Joseph E. Corcoran v. Ron Neal, Warden Seventh Circuit 2024-12-17 Denied IFP capital-punishment due-process execution-standards incompetency-claim mental-competency state-court-review 1. May a state court dispose of an evidentiarily-supported incompetency to be executed claim under Ford v. Wainwright, 477 U.S. 399 (1986), and Panett…
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…
23-6756 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…
23-6721 Jerry Scott Heidler v. Shawn Emmons, Warden Eleventh Circuit 2024-02-12 Denied IFP actual-conflict-of-interest certificate-of-appealability eleventh-circuit habeas habeas-corpus martinez-v-ryan mental-competency mental-incompetence procedural-dismissal trial-counsel Whether the Eleventh Circuit imposed an erroneously high standard when it denied a COA to address any or all of the above claims and, if so, whether t…
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…
23-6145 Daniel E. Salley v. United States Seventh Circuit 2023-12-01 Denied Response WaivedIFP civil-rights criminal-procedure due-process internal-revenue-service mental-competency mental-health-defense property-rights property-seizure statute-of-limitations tax-law treasury-offset-program Wfoe4-Ke.tr cl collate c^m-duofe, <3uaA swccessfwA busn^e sswiaw ou/rt€.T of ex small 0-CCOuvvHincj ctffevr jpreiwelmo^ sev/evcv) a.u.di'fs cxW jr\ne …
23-5628 Richard C. Duerson, as Next Friend of Jennifer McFarland v. United States Sixth Circuit 2023-09-20 Denied Response WaivedIFP competency-standard constitutional-rights due-process equal-protection mental-capacity mental-competency next-friend next-friend-petition physical-competency standing What Constitutional Standards should be applied when a judge is tasked with determining the competency of a defendant with known physical and mental a…
23-234 Nicholas Crystal v. Calvin Johnson, Warden, et al. Ninth Circuit 2023-09-12 Denied Response Waived 28-usc-2253 certificate-of-appealability due-process habeas-corpus mental-competency mental-deficiency ninth-circuit post-conviction Did the Ninth Circuit, in a post-conviction appeal by a sentenced Nevada State prisoner, commit reversible error in its pro forma, non-reasoned blanke…
23-5393 Shaun N. Taylor v. Illinois Illinois 2023-08-18 Denied Response WaivedIFP ake-v-oklahoma criminal-procedure due-process expert-appointment expert-witness fourteenth-amendment indigent-defendant insanity-expert mental-competency mental-health right-to-counsel I. Do this Court's decisions in Ake v. Oklahoma and McWilliams v. Dunn require the appointment of a second insanity expert for an indigent defendant w…
23-5244 Johnny Johnson v. David Vandergriff, Warden Eighth Circuit 2023-07-31 Denied IFP 28-usc-2254 capital-punishment competency-to-be-executed death-penalty delusional-beliefs habeas-corpus mental-competency mental-illness panetti-standard state-court-review When a panel has determined that 28 U.S.C. 2253(c)(2) has been satisfied and an appeal and concordant stay are necessary, does an en banc court have a…
23-5243 Johnny Johnson v. David Vandergriff, Warden Missouri 2023-07-31 Denied IFP capital-punishment due-process eighth-amendment evidentiary-hearing ford-v-wainwright habeas-corpus mental-competency panetti-v-quarterman procedural-fairness 1. Whether a report from a qualified neuropsychiatrist that a condemned prisoner is incompetent for execution that is not contradicted by any qualifie…
23-5205 Steven Lesane v. United States Second Circuit 2023-07-26 Denied Response WaivedIFP abuse-of-discretion criminal-procedure district-court factual-basis guilty-plea ineffective-assistance ineffective-counsel mental-competency motion-to-withdraw plea-bargaining statutory-interpretation I. Whether the District Court abused its discretion when it denied appellant's motion to withdraw his guilty plea where 1) there was an insufficient…
22-7785 Christopher Lewis Tucker v. United States Fourth Circuit 2023-06-14 Denied Response WaivedIFP civil-rights criminal-procedure due-process forcible-medication involuntary-medication judicial-discretion mental-competency mental-health pretrial-custody pretrial-detention sell-standard Whether a district court may order forcible medication under Sell v. United States when (1) record evidence shows that the government has already trie…
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?
22-7084 Christopher Daniel Lutker v. Michigan Michigan 2023-03-23 Denied IFP criminal-procedure defendant-rights due-process guilty-plea involuntary-confession knowingly-voluntarily mental-competency plea-bargaining plea-withdrawal sentencing trial-court-discretion x, £>lP C-HHT^TOpHEM DAHTTT ZHTHE& KNOWTMZZYj I NTT/LLX&TNTIy AND YOIUNTARILYMADE WHEN H E WAS 5J3aK AND SOJU-TN&HIMEJTLF ANDPZMZEP A fiESrACOM uMTL…
22-6960 James Jonathan Mitchell v. Florida Florida 2023-03-08 Denied Response WaivedIFP cruel-and-unusual-punishment death-penalty due-process eighth-amendment habeas-corpus mental-competency Question not identified.
22-6882 David Byron Russ v. Florida Florida 2023-02-28 Denied IFP capital-defendant capital-punishment criminal-procedure death-penalty due-process federal-courts habeas-corpus mental-competency review-claim state-court state-courts substantive-incompetency 1. Whether a state court may refuse to review a capital defendant's claim of substantive incompetency?
22-727 Izzac Christopher Weister v. West Virginia West Virginia 2023-02-03 Denied Response Waived competency-law constitutional-vagueness criminal-procedure due-process mental-competency psychiatric-custody statutory-interpretation vagueness violence violence-definition west-virginia 1. Izzac Weister was criminally charged with sexual offenses as a result of electronic messages that he sent to his half sister. The trial court found…
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…
22-5244 Charles M. Torrence v. Hazel Peterson, Warden Tenth Circuit 2022-08-01 Denied Response WaivedIFP constitutional-right criminal-procedure critical-stage due-process legal-representation mental-competency right-to-counsel sixth-amendment statewide-importance Whether it is of statewide, and even nationwide importance, ONE: for the United States Supreme Court to declare definitively whether a mental compete…
22-5216 Ray Salazar v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-07-28 Denied Relisted (2)IFP constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel investigation mental-competency sixth-amendment 1. The question is: Did al Counsel ably Commabonal chan Assistance of Counsel Undertee SAM Htodeiont in tveir Guraveess of SelaZavs Mortal Heal isues …
21-7829 Clarence Wayne Dixon v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry Ninth Circuit 2022-05-11 Denied IFP 8th-amendment competency-to-be-executed eighth-amendment execution-standard mental-competency mental-illness non-bizarre-delusions panetti-precedent panetti-v-quarterman schizophrenia (1) Does Panetti v. Quarterman, 551 U.S. 930 (2007) foreclose a schizophrenic prisoner from demonstrating that non-bizarre delusions obstruct his rati…
21-7570 Vander Clayborne v. Pennsylvania Pennsylvania 2022-04-07 Denied IFP criminal-procedure due-process guilty-plea juvenile-justice mental-capacity mental-competency miller-v-alabama parole sentencing In every jurisdiction of the United States - both federal and State - there is a balancing test for deciding whether a court's decision to deny a Crim…
21-7225 Milton Lattimore v. Illinois Illinois 2022-02-28 Denied Response WaivedIFP criminal-procedure due-process fair-trial guilty-plea judicial-discretion mental-competency special-conditions trial-fitness Whether a person who is fit to stand trial only with special conditions is denied due process when the trial court accepts a guilty plea entered witho…
21-7015 Edward T. James v. Florida Florida 2022-01-31 Denied IFP capital-defendant court-procedure criminal-procedure due-process habeas-corpus incompetency incompetency-claim mental-competency substantive-claim substantive-review 1. Whether a court may refuse to review a capital defendant's substantive incompetency claim?
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…
21-6372 James Michael Bartley v. United States Ninth Circuit 2021-11-22 Denied Response WaivedIFP 2nd-amendment civil-rights competency-proceeding constitutional-challenge due-process gun-rights judicial-review mental-competency mental-illness right-to-bear-arms second-amendment standing Whether the government may deny a law-abiding citizen their right to bear arms under the Second Amendment based solely on a competency proceeding that…
21-6241 Eric J. Turner v. Richard L. Broch Seventh Circuit 2021-11-10 Denied IFP constitutional-rights criminal-procedure due-process federal-jurisdiction federal-rules-of-evidence habeas-corpus legal-competency mental-competency schizophrenia Whether the trial court failed to order a determination of the defendant's schizophrenia? Whether a conviction that violates due process happened whi…
21-6024 Dudley Allen Hicks v. Florida Florida 2021-10-20 Denied Response WaivedIFP counsel-competence criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel mental-competency post-conviction-relief right-to-counsel sixth-amendment VJWV V\\nM oP evxfAe-'Ote avd C'^cuvvisAa^ces n'lusV be. CeveoAed Vo a CCxnVxnaN aVVo'r*>ey •Vo C-CeciVe a boma Pde dloubV as Vo W\± cV»eoVs cor*pe.…
21-5892 Lori Anna Massey v. Pierce County Sheriff's Department, et al. Ninth Circuit 2021-10-05 Denied IFP civil-rights due-process legal-incompetency mental-competency mental-incapacity physical-disability statute-of-limitations time-extension tolling 1. Should no time limit apply? R.C.W. 4.16.190 If a person entitled to bring an action against a sheriff or other officer be at the time the cause of …
21-5252 Jason Robert Twardzik v. North Carolina Fourth Circuit 2021-07-29 Denied IFP civil-rights constitutional-violation due-process grand-jury habeas-corpus mental-competency pretrial-detention state-harassment The Supfeme Court Was recognized three Ato Young relief Younger u. Harris ,H01 U,S, 37 ( M7I). _ ,W.»* of Ui fnltb orK-»rA™« e«tLyrt,teofhcwl S r«pwiU…
20-8442 Luckner Pierre v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2021-06-28 Denied Response WaivedIFP access-to-court certificate-of-appealability civil-procedure due-process language-assistance language-barrier mental-competency miranda-rights procedural-due-process standing waiver-of-rights Whether the U.S. Court of Appeal for the 11th Circuit denied the Petitioner his Procedural Due Process Right and access to Court when it declined to g…
20-8135 Gregg McNamara v. Rob Bonta, Attorney General of California Ninth Circuit 2021-05-25 Dismissed Response WaivedIFP coerced-confession constitutional-rights criminal-conviction criminal-procedure due-process guilty-plea habeas-corpus mental-competency mental-impairment sixth-amendment 1) Under the Sixth Amendment right to know the nature and the cause of the action against a person, can a person convicted while suffering from sever…
20-7711 Scott Dwayne Chatman v. Iowa Iowa 2021-04-12 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process incompetency incompetent-defendant iowa-court-of-appeals iowa-courts judicial-review mental-competency I. DID THE IOWA COURT OF APPEALS DENY AN INCOMPETENT DEFENDANT DUE PROCESS? II. DID THE IOWA COURT OF APPEALS AND IOWA SUPREME COURT CONVICT AN I…
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…
20-7209 In Re Rodolfo A. Lopez, Jr. 2021-02-23 Denied IFP civil-rights due-process habeas-corpus ineffective-assistance-of-counsel mental-competency speedy-trial 1. IS MR. LOPEZ HELD UNLAWFULM IN ACCORDADCE WITH THE SIXTH AMENDMENT OF THE UNITED STATES CONSTITUTION AND THE INTERSTATE AGREEMENT ON DETAIWERS?
20-7212 Kareem Davenport v. Illinois Illinois 2021-02-23 Denied IFP constitutional-rights counsel-adequacy defendant-fitness due-process federal-jurisdiction federal-procedure ineffective-assistance-of-counsel mental-competency state-statute trial-court 'f 0- p^fSOA i<$ &SSuj*\€/cl ^^dtaily. U..cit~ ,rt 'tof' tit a ( cIac| the Steps 1 t® ti/\d olefeA^t Tit Qt MAptf & flot Ctytectty adhere 4 tv^cun t…
20-6916 Stephen M. Patterson, Jr. v. United States Sixth Circuit 2021-01-22 Denied Response WaivedIFP 6th-amendment civil-rights due-process edwards-standard indiana-v-edwards mental-competency self-representation sixth-amendment waiver-of-counsel 1. Whether Edwards' heightened competency standards apply when a court grants a borderline competent and mentally ill defendant's request to represent…
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…
20-6410 Fareed Sepehry-Fard v. Court of Appeal of California, Sixth Appellate District, et al. California 2020-11-24 Dismissed IFP civil-rights conspiracy due-process judicial-misconduct legal-conspiracy mental-competency money-laundering national-security power-of-attorney standing 1) whether this court should continue to allow lower courts to be used by international drug cartels, pedophiles, sex and human traffickers and MS 13 …
20-701 James Calvert v. Texas Texas 2020-11-20 Denied Relisted (6) capital-punishment capital-sentencing due-process eighth-amendment mental-competency right-to-counsel structural-error 1. Whether the Constitution prevents a State from allowing a defendant to represent himself in a capital case when the defendant is mentally competent…
20-6324 Michael Christopher Laird v. United States Ninth Circuit 2020-11-13 Denied Response WaivedIFP constitutional-rights due-process judicial-review mental-competency mental-deficiencies post-conviction post-conviction-proceedings procedural-fairness real-and-substantial-doubt WAS PETITIONER DENIED HIS CONSTITUTIONAL RIGHT TO DUE PROCESS BECAUSE THE DISTRICT COURT FAILED TO ADDRESS, DURING POST-CONVICTION PROCEEDINGS, PETITI…
20-6253 Sealed Appellant v. Sealed Appellee Fifth Circuit 2020-11-09 Denied Response WaivedRelisted (2)IFP 18-usc-4142 civil-rights criminal-procedure custody due-process federal-detention judicial-order mental-competency statutory-custody Whether this Court should grant certiorari to determine whether continued custody under 18 U.S.C. § 4142 for almost four months beyond the expiration …
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…
20-5616 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 …
19-8264 Paul M. Gordon v. Arkansas Arkansas 2020-04-15 Denied Response WaivedIFP constitutional-rights constitutional-violation due-process fair-trial judicial-procedure legal-standard mental-competency mental-incompetency sentencing I. Mental Incompetency The law states that no person with mental diseare or defect shall be sentenced for commission of an offence as long as such inc…
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…
19-7810 Dale W. Eaton v. Mike Pacheco, Warden Tenth Circuit 2020-02-27 Denied Relisted (2)IFP 28-usc-2254 cullen-v-pinholster federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-competency new-evidence state-court-adjudication strickland-standard strickland-v-washington 1. WHETHER A STATE COURT HAS ADJUDICATED THE PERFORMANCE PRONG OF A STRICKLAND V. WASHINGTON CLAIM ON THE MERITS WITHIN THE MEANING OF 28 U.S.C. § 225…
19-7303 Michael W. Smith v. Illinois Illinois 2020-01-16 Denied IFP civil-commitment civil-rights constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance-of-counsel mental-competency plea-agreement plea-bargaining sexually-violent-person sixth-amendment Does the Petitioner have a Legal right by the U.S. Constitution and the Illinois Constitution, State law to be admonished about indefinite involuntary…
19-6823 Michael Dean Gonzales v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-12-04 Denied Relisted (2)IFP brain-dysfunction certificate-of-appealability competency-to-stand-trial criminal-procedure drope-v-missouri due-process habeas-corpus mental-competency mental-illness pate-v-robinson procedural-bar state-waiver Petitioner was sentenced to death at a trial at which he did not cooperate with counsel in preparing his defense, repeatedly disrupted proceedings, to…
19-6729 Cedric Gray v. United States Eleventh Circuit 2019-11-22 Denied Response WaivedIFP 5th-amendment civil-rights criminal-procedure due-process evidence-suppression ineffective-assistance-of-counsel judicial-discretion legal-standard mental-competency miranda-rights procedural-error sentencing suppression-hearing trial-rights 1. Did the District Court violate my Fifth Amendment rights to remain silent? 2. Could the District Court use my 19% year old priors as proof of show…
19-6460 Daniel Paul Copple v. Pelicia Hall, Commissioner, Mississippi Department of Corrections Fifth Circuit 2019-10-31 Denied Response WaivedIFP constitutional-standards discovery discovery-limitations dismissal-standards due-process evidence-preservation evidentiary-hearing habeas-corpus institutional-mental-health-records judicial-discretion mental-competency pro-se-defendant state-records I. When a defendant claims mental impairments had prevented him from timely filing his habeas petition, under Schrire v. Landrigan, should the distric…
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…
19-5839 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 …
19-5598 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…
19-87 Jerome Burgess v. Phil Hall, Warden Georgia 2019-07-17 Denied Response Waived appellate-counsel brady-v-maryland brady-violation criminal-appeal exculpatory-evidence georgia-supreme-court ineffective-assistance mental-competency plea-bargaining strickland-standard strickland-v-washington 1. Did the Georgia Supreme Court err in failing to find that Petitioner's appellate counsel provided ineffective assistance by failing to argue on a…
19-5171 Victor Hugo Saldano v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-07-16 Denied Amici (3)IFP biased-jury buck-v-davis certificate-of-appealability constitutional-claim death-penalty due-process future-dangerousness mental-competency racial-bias vagueness vagueness-doctrine At M r. Sal daño's first death penalty trial, in 1996, a n expert for th e State of Texas testified that Mr. Sa ldaño wa s more likely to present a fu…
18-9497 Lloyd E. Austin, IV v. Bridgitte Amsberry Ninth Circuit 2019-05-31 Denied Response WaivedIFP civil-rights criminal-procedure due-process evidence ineffective-assistance-of-counsel mental-competency plea-bargaining post-conviction-relief prosecutorial-misconduct sentencing why petitioner the except a stipulated facks would trial plea agreement to the Worst per. Case scenerio without right trying ot trirl o he was in his …
18-9255 Santosh Ram v. United States Eighth Circuit 2019-05-14 Rehearing Response WaivedRelisted (2)IFP criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel involuntary-plea mental-competency mental-disease-defect plea-agreement plea-bargaining search-and-seizure sentencing sentencing-guidelines Whether there was violation of due process of law by the failure of the trial court to order the mental competency evaluation and/or conduct mental co…
18-8984 Nathan Caetano v. Suzanne M. Peery, Warden Ninth Circuit 2019-04-24 Denied Response WaivedIFP aedpa burden-of-proof civil-rights due-process habeas-corpus mental-competency mental-incompetence ninth-circuit-precedent ninth-circuit-test retrospective-competency-determination retrospective-determination state-action structural-error Is AeDpA (i)(B) and ts determination actvally a retrospective determination where mental incompetence is the impediment? Competency DOES AEDPACISCB):…
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 …
18-7905 Christopher A. Hall v. United States Fourth Circuit 2019-02-12 Denied Response WaivedIFP criminal-procedure due-process indiana-v-edwards medical-condition medical-resuscitation medication mental-competency pro-se-representation self-representation "Does a higher standard exist for measuring competency to represent oneself at trial, than for competency to stand trial, in a case wherein a criminal…
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…
18-7690 Thomas Phillip Bell v. Kiah Demarias Leigh, et al. Eighth Circuit 2019-01-31 Denied Relisted (2)IFP civil-procedure civil-rights criminal-procedure due-process equal-protection judicial-review mental-competency record-correction sentencing standing I am Thomas Phillip Bell and I would like to know how serious is the court compaired to the Federal Court's and does the Fact matter about a Case a ot…
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…
18-7558 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 …
18-6329 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…
18-6081 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…
18-5481 John K. D. Watson v. Virginia Fourth Circuit 2018-08-07 Denied IFP ' 'colloquy" ' 'due-process" ' 'evidentiary-review' ' 'guilty-plea" ' 'ineffective-assistance-of-counsel" ' 'learning-disability" civil-rights criminal-procedure due-process mental-competency plea-bargaining sentencing 1)IN HIS CASE, THE GUILTY PLEA WAS NOT ONLY INCOMPREHENSIVE, BUT COERCE AND MADE THROUGH DURESS BY RELYING ON GROSSLY MISINFORMATION BY COUNSEL. I WOU…
18-5295 Miguel Pedraza v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-07-20 Denied IFP 28-usc-2253 appellate-procedure certificate-of-appealability constitutional-rights due-process eleventh-circuit habeas-corpus ineffective-assistance-of-counsel jurisdiction mental-competency procedural-default standard-of-review THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ERRED WHEN IT DENIED PETITIONER'S CERTIFICATE OF APPEALABILITY (COA) APPLICATION BASED ON …
25A577 Richard Barry Randolph v. Florida, et al. Florida Denied capital-punishment death-penalty eighth-amendment irreparable-harm mental-competency method-of-execution Question not identified.