No. 18-6544

Robert Joe McNemar v. Ralph Terry, Acting Warden

Lower Court: Fourth Circuit
Docketed: 2018-11-05
Status: Denied
Type: IFP
IFP
Tags: 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
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Does due process require an express competency determination?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1) Does due process under the Constitution’s Sixth and Fourteenth Amendments require a State trial court to make an EXPRESS independent competency determination on the record based on the totality of the evidence when the Court questioned a criminal defendant's competency to enter a guilty plea and Ordered : that a Forensic Competency Evaluation be completed? 2) Does due process under the Constitution’s Sixth and Fourteenth Amendments prohibit a judge in a criminal case from making direct threats to a criminal defendant that in no uncertain terms says that if the defendant does not,accept a plea bargain then he WILL go to prison for longer than the sentence offered in the plea agreement? 3) Was the Petitioner's Constitutional Sixth Amendment Right to Effective Assistance . of Counsel violated when Counsel; (1) refused to make a motion to recuse a prosecutor who his client and his family insist is conflicted and advise his client to reject a more favorable plea agreement and plead guilty to SEVENTY SEVEN more felony counts; (2) when his investigation into a possible conflicted prosecutor consists of only a talk with the possible conflicted prosecutor; (3) advised a criminal defendant to reject a plea agreement and plead guilty to SEVENTY SEVEN more counts in order to assure that the prosecutor would not determine the sentence imposed; (4) allows his client to meet with the police and give a confession with no ; protections in place; (5) allows his client to meet with police and give a confession just SEVEN days after he is released from a mental hospital on psychotropic drugs . he has NEVER taken before in his life; (6) is made aware that the assistant prosecutor first handling the case made a plea offer to his client’s brother which was MUCH more favorable and he does nothing to enforce that plea offer after his client meets with the police based on that offer? 9) Was the Petitioner's Constitutional Sixth and Fourteenth Amendment Rights to due process violated when summary judgement was granted despite genuine disputes . to the material facts used to deny habeas corpus relief? a

Docket Entries

2019-01-07
Petition DENIED.
2018-12-20
DISTRIBUTED for Conference of 1/4/2019.
2018-10-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 5, 2018)

Attorneys

Robert McNemar
Robert McNemar — Petitioner
Robert McNemar — Petitioner