No. 19-6152

Marian Papacsi Owens v. Sue Mickens, Warden, et al.

Lower Court: Eleventh Circuit
Docketed: 2019-10-03
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: certificate-of-appealability criminal-defense criminal-procedure effective-assistance-of-counsel habeas-corpus ineffective-assistance-of-counsel judicial-discretion mental-illness right-to-counsel right-to-testify trial-counsel trial-judge trial-procedure
Key Terms:
HabeasCorpus
Latest Conference: 2019-11-01
Question Presented (AI Summary)

Whether the trial court's refusal to allow the defendant to testify by narrative violated her right to effective assistance of counsel

Question Presented (OCR Extract)

QUESTION PRESENTED The state trial judge who presided over Petitioner Marian Papcsi Owens’ murder trial refused to let her fire her lawyer because of her mental illness. Her lawyer, while recognizing her absolute right to testify at her trial, wanted Ms. Owens to be allowed to testify by narrative because he did not feel that he could ask any questions that would be helpful to her defense. But the trial judge, over vigorous objection, made him question his client. His direct examination of his client was, as he told the judge at one point before being ordered to continue, “selling her out and [he felt] horrible about what [he was] doing...” [App. 46]. Below, both the district court and the Eleventh Circuit refused to issue a certificate of appealability (“COA”) on Ms. Owen’s habeas petition. A COA was needed because a federal habeas petitioner challenging a state conviction cannot obtain appellate review unless and until a COA issues. 28 U.S.C. § 2253(c). A COA must issue whenever “reasonable jurists could debate whether ... the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further.” Slack v. McDaniel, 529 U.S. 473, 484 (2000). The question presented here is the following: 1. Did the Court of Appeals err below in denying Ms. Owens a COA as to whether Ms. Owens received effective assistance of counsel when the i trial judge forced counsel to ask questions of his client that trial counsel believed fatal to her defense?

Docket Entries

2019-11-04
Petition DENIED.
2019-10-10
DISTRIBUTED for Conference of 11/1/2019.
2019-10-08
Waiver of right of respondents Warden, Mickens, et al. to respond filed.
2019-09-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 4, 2019)

Attorneys

Marian Papacsi Owens
Howard Walton Anderson IIILaw Office of Howard W. Anderson III, LLC, Petitioner
Howard Walton Anderson IIILaw Office of Howard W. Anderson III, LLC, Petitioner
Warden, Mickens, et al.
Andrew Alan PinsonOffice of the Georgia Attorney General, Respondent
Andrew Alan PinsonOffice of the Georgia Attorney General, Respondent