No. 19-7398

Andrew James Gibbons v. Nate Knutson, Warden

Lower Court: Eighth Circuit
Docketed: 2020-01-24
Status: Denied
Type: IFP
IFP
Tags: guilty-plea habeas-corpus habeas-review ineffective-assistance ineffective-assistance-of-counsel knaffla-bar mental-illness mental-illness-defense Opsahi-rule procedural-default Spears-rule state-procedural-rule
Key Terms:
HabeasCorpus
Latest Conference: 2020-03-20
Question Presented (AI Summary)

Is petitioner (Gibbons) procedurally defaulted on his claim of ineffective assistance of counsel for failure to investigate a mental illness defense?

Question Presented (OCR Extract)

QUESTIONS PRESENTED | 1. Is petitioner (Gibbons) procedurally defaulted on his claim of ineffective assistance of counsel for failure to investigate a mental illness defense when counsel was notified by client that serious mental illness symptoms were being experienced at the time of the offense? Did the last state court, the Minnesota court of appeals, to render an opinion: a) Plainly state that the court was relying on a state procedural rule, the Knafflabar, to foreclose federal habeas review, (which would procedurally default < petitioner) or, : b) “Actually rely” on a state procedural rule to bar federal review? i. Ifso, which state procedural rule did the opinion rely on to deny | relief of which claims? — Knaffla, Spears, or Opsahi? 2. Did counsel act reasonably in not investigating a mental iliness defense when counsel was notified by client that mental health information, in the form of : Gibbons’ reliance on anti-psychotic medication, existed from the time of the offense for serious mental illnesses? — in a guilty plea context. 3. Was Gibbons prejudiced by counsel’s failure to investigate a mental illness defense when counsel convinced Gibbons to plead guilty? i} : Gibbons

Docket Entries

2020-03-23
Petition DENIED.
2020-03-05
DISTRIBUTED for Conference of 3/20/2020.
2019-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 24, 2020)

Attorneys

Andrew James Gibbons
Andrew James Gibbons — Petitioner
Andrew James Gibbons — Petitioner
Nate Knutson
Kathryn Marie Keena — Respondent
Kathryn Marie Keena — Respondent