No. 18-7662

Nolan Lewis v. United States

Lower Court: Ninth Circuit
Docketed: 2019-01-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion competency competency-evaluation criminal-procedure due-process guilty-plea judicial-discretion mental-competency ninth-circuit restitution restitution-hearing
Key Terms:
DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference: 2019-02-22
Question Presented (AI Summary)

Whether the Ninth Circuit Court of Appeals applied the proper legal standard for determining whether the district court abused its discretion in failing to sua sponte order a competency evaluation of the defendant before accepting his guilty plea

Question Presented (from Petition)

QUESTIONS PRESENTED A. Whether the Ninth Circuit Court of Appeals applied the proper legal standard for determining whether the district court abused its discretion in failing to sua sponte order a competency evaluation of the defendant before accepting his guilty plea. B. Whether the Ninth Circuit Court of Appeals applied the proper legal standard for determining whether the district court abused its discretion in denying defense counsel’s request for a competency evaluation of the defendant prior to the court conducting a restitution hearing.

Docket Entries

2019-02-25
Petition DENIED.
2019-02-07
DISTRIBUTED for Conference of 2/22/2019.
2019-02-05
Waiver of right of respondent United States of America to respond filed.
2019-01-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 1, 2019)

Attorneys

Nolan Lewis
Michael J. BresnehanLaw Offices of Michael J. Bresnehan, Petitioner
Michael J. BresnehanLaw Offices of Michael J. Bresnehan, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent