No. 18-7835

Iouri Mikhel v. United States

Lower Court: Ninth Circuit
Docketed: 2019-02-07
Status: Denied
Type: IFP
IFP
Tags: burden-of-proof competency competency-hearing criminal-procedure death-penalty due-process federal-criminal-procedure federal-judiciary hostage-taking judicial-discretion mental-health recusal standard-of-proof treaty-power trial-procedure
Key Terms:
DueProcess Punishment JusticiabilityDoctri
Latest Conference: 2019-10-01
Related Cases: 18-7489 (Vide)
Question Presented (AI Summary)

Where significant evidence of competency is susceptible to conflicting inferences, what standard of proof is required for a competency hearing and what party bears that burden?

Question Presented (OCR Extract)

question presented is where significant evidence of competency is susceptible to conflicting inferences, some pointing to competency and some pointing to incompetency, what standard of proof is required for a hearing and what party bears that burden. 2. Whether 18 U.S.C. § 1203 should be interpreted in accordance with its underlying treaty and the principles in Bond v. United States, 572 U.S. 844, 134 S. Ct. 2077 (2014) as applying to hostage taking related to international terrorism, and, if not, whether the statute and underlying treaty violate the Treaty Power and the Constitution’s structural limits on federal authority, questions avoided in Bond. 3. Whether a recusal claim, under both 28 U.S.C. § 455 and the Due Process Clause, has a timeliness requirement and, if so, what is the appropriate timeliness standard and standard of review for such claims; and whether recusal is required when a judge presiding over a federal capital trial simultaneously applies to become the United States Attorney for the same office prosecuting the case.

Docket Entries

2019-10-07
Petition DENIED.
2019-06-27
DISTRIBUTED for Conference of 10/1/2019.
2019-06-25
Reply of petitioner Iouri Mikhel filed.
2019-06-10
Brief of respondent United States in opposition filed.
2019-05-03
Motion to extend the time to file a response from May 10, 2019 to June 10, 2019, submitted to The Clerk.
2019-05-03
Motion to extend the time to file a response is granted and the time is further extended to and including June 10, 2019.
2019-03-12
Motion to extend the time to file a response is granted and the time is further extended to and including May 10, 2019.
2019-03-11
Motion to extend the time to file a response from April 10, 2019 to May 10, 2019, submitted to The Clerk.
2019-03-06
Motion to extend the time to file a response is granted and the time is extended to and including April 10, 2019.
2019-03-05
Motion to extend the time to file a response from March 11, 2019 to April 10, 2019, submitted to The Clerk.
2019-02-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2019)
2018-11-13
Application (18A508) granted by Justice Kagan extending the time to file until February 4, 2019.
2018-11-07
Application (18A508) to extend the time to file a petition for a writ of certiorari from December 6, 2018 to February 4, 2019, submitted to Justice Kagan.

Attorneys

Iouri Mikhel
Guy Michael TanakaLaw Office of Michael Tanaka, Petitioner
Guy Michael TanakaLaw Office of Michael Tanaka, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent