No. 18-360

Ronald Bergrin v. United States

Lower Court: Sixth Circuit
Docketed: 2018-09-20
Status: Denied
Type: Paid
Response Waived
Tags: competency-test conflicts-of-interest counsel-conflict criminal-investigation due-process due-process,criminal-procedure,competency,conflict dusky-standard dusky-v-united-states right-to-counsel stand-trial standard-of-review structural-error
Key Terms:
JusticiabilityDoctri
Latest Conference: 2018-10-26
Question Presented (AI Summary)

Does the competency test established in Dusky v. United States permit a finding of incompetency based on the accused's unwillingness to assist counsel previously disqualified due to conflicts of interest?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does the competency test established in Dusky v. United States, 362 U.S. 402 (1960), permit a finding of incompetency to stand trial . based on the accused’s unwillingness to assist appointed counsel if counsel had previously been disqualified from representing the accused as a result of counsel engaging in Actual Conflicts of Interest and is under FBI criminal investigation? : 2. Does the clear error standard of review apply on appeal from an incompetency decision or : _must an appellate court employ a more robust standard of review of structural error in the , denial of the accused’s right to trial? : 3. Should the court of appeals have denied an appeal of a defendant who was adjudged Incompetent to Stand Trial if the defendant’s CJA counsel refused to subpoena and present the defendant’s competency reports, which competency reports state that defendant is Competent to Stand Trial? @)

Docket Entries

2018-10-29
Petition DENIED.
2018-10-10
DISTRIBUTED for Conference of 10/26/2018.
2018-10-01
Waiver of right of respondent United States to respond filed.
2018-08-13
Petition for a writ of certiorari filed. (Response due October 22, 2018)
2018-06-28
Application (17A1333) granted by Justice Kagan extending the time to file until August 12, 2018.
2018-06-25
Application (17A1333) to extend further the time from July 13, 2018 to August 12, 2018, submitted to Justice Kagan.
2018-06-01
Application (17A1333) granted by Justice Kagan extending the time to file until July 13, 2018.
2018-05-25
Application (17A1333) to extend the time to file a petition for a writ of certiorari from June 14, 2018 to July 13, 2018, submitted to Justice Kagan.

Attorneys

Ronald Bergrin
Ronald Bergrin — Petitioner
Ronald Bergrin — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent