No. 18-5416

Ramal Hammond v. Ohio

Lower Court: Ohio
Docketed: 2018-07-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 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
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2018-09-24
Question Presented (AI Summary)

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 the defendant cannot recall or report - to counsel or at trial - what actually happened, must the defendant be found incompetent to stand trial even if he otherwise meets the standards of competency set forth in Dusky v. United States, 362 U.S. 402 (1960)?

Question Presented (OCR Extract)

QUESTION PRESENTED 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 the defendant cannot recall or report — to counsel or at trial what actually happened, must the defendant be found incompetent to stand trial even if he otherwise meets the standards of competency set forth in Dusky v. United States, 362 U.S. 402 (1960)? ii

Docket Entries

2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-08-09
Waiver of right of respondent State of Ohio to respond filed.
2018-07-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 30, 2018)

Attorneys

Ramal Hammond
Jeffrey M. GamsoCuyahoga County Public Defender Office, Petitioner
Jeffrey M. GamsoCuyahoga County Public Defender Office, Petitioner
State of Ohio
Christopher David SchroederCuyahoga County Prosecutor's Office, Respondent
Christopher David SchroederCuyahoga County Prosecutor's Office, Respondent