No. 18-8233

Calvin J. Reid v. United States

Lower Court: Sixth Circuit
Docketed: 2019-03-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: §2255-motion 18-usc-4241 certificate-of-appealability circuit-split competency-hearing criminal-procedure criminal-procedure-appeal due-process ineffective-assistance mental-competency mental-illness right-to-counsel standards-of-review
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2019-04-12
Question Presented (AI Summary)

Whether the Sixth Circuit Court of Appeals has misapplied the standards set forth in Miller-El v. Cockrell and Buck v. Davis

Question Presented (OCR Extract)

QUESTION(S) PRESENTED WHETHER THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT HAS ENTERED A DECISION IN CONFLICT WITH THE DECISION OF ANOTHER UNITED STATES COURT OF APPEALS ON THE SAME IMPORTANT MATTER AS TO CALL FOR AN EXERCISE OF THIS COURT'S SUPERVISORY POWER REGARDING A QUESTION LEFT UNANSWERED IN MARSHALL V. RODGERS, 569 U.S. 58 (2013). : WHETHER THE SIXTH CIRCUIT COURT OF APPEALS HAS MISAPPLIED THE STANDARDS SET FORTH IN MILLER-EL V. COCKRELL, 537 U.S. 322 (2003), AND BUCK V. DAVIS, 137 S.CT. 759 (2017), WHICH ALLOWS DEFENDANTS TO APPEAL ADVERSE § 2255 RULINGS THROUGH CERTIFICATE REGARDING WHETHER A NEW TRIAL MOTION FILED WITHIN THE REQUIRED 14 DAYS AFTER THE JURY VERDICT OF FINDINGS, IS A CRITICAL STAGE WHERE A DEFENDANT MAKES A REQUEST FOR APPOINTMENT OF COUNSEL WHETHER A DEFENDANT WITH A HISTORY OF MENTAL ILLNESS CAN VALIDLY WAIVE HIS RIGHT TO COUNSEL ABSENT A MENTAL EVALUATION OR COMPETENCY HEARING PURSUANT TO 18 U.S.C. § 4241

Docket Entries

2019-04-15
Petition DENIED.
2019-03-21
DISTRIBUTED for Conference of 4/12/2019.
2019-03-11
Waiver of right of respondent United States to respond filed.
2019-02-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 4, 2019)

Attorneys

Calvin J. Reid
Calvin James Reid — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent