No. 19-5319

William J. Barnes Jr. v. New York

Lower Court: New York
Docketed: 2019-07-24
Status: Denied
Type: IFP
IFP
Tags: appellate-review competency constitutional-rights due-process ineffective-assistance-of-counsel ineffective-counsel insanity-defense mental-capacity mental-competency structural-error trial-procedure
Key Terms:
DueProcess
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Did the county court deprive the petitioner of his due process and constitutional right to a full and fair impartial determination of his mental capacity to stand trial?

Question Presented (OCR Extract)

QUESTIONS PRESENTED ONE Having Found That Significant Grounds Existed to Believe That The Defendant Was an Incapacitated Person, Did The County Court Deprive The Petitioner of his Due Process And Constitutional Right to a Full And Fair Impartial Determination of His Mental Capacity to Stand Trial? ' TWO Having Found That Significant Grounds Existed to Believe . That The Defendant Was an Incapacitated Person, Was Defense Counsel Ineffective for Failing to Request Additional Article 730 Exams, a Competency Hearing or Postpone The Trial? THREE , Is Forcing a Mentally Incompetent Defendant to Stand Trial Considered a ‘Structural Error’? FOUR Did The County Court Err In Instructing The Jury That Petitioner Could Walk Free If They Returned An Insanity Verdict, And There Is No Law In The Court of Appeals Or This Court On The Issue? : : | FIVE Did The County Court Err In Instructing The _ Jury That In Order To Return An Insanity Verdict, They Had To Find Petitioner Was Suffering From a Mental Disease And a Mental Defect? SIX Did The Appellate Division And Court Of Appeals Err In Denying Petitioner’s Motion That Was Based On a Fundamental Constitutional Right To Be Competent To Stand Trial? SEVEN . Was Appellate Counsel Ineffective For Failing To Raise These Significant And Fundamental Issues That Would Have Resulted In a Reversal? ii

Docket Entries

2019-10-07
Petition DENIED.
2019-09-05
DISTRIBUTED for Conference of 10/1/2019.
2019-06-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 23, 2019)

Attorneys

William J. Barnes Jr.
William J. Barnes — Petitioner
William J. Barnes — Petitioner