No. 19-8264

Paul M. Gordon v. Arkansas

Lower Court: Arkansas
Docketed: 2020-04-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights constitutional-violation due-process fair-trial judicial-procedure legal-standard mental-competency mental-incompetency sentencing
Key Terms:
DueProcess
Latest Conference: 2020-06-04
Question Presented (AI Summary)

Is it a constitutional violation of due process to have been sentenced while mentally incompetent?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED IT. Mental In competency . The law states that no person with mental disease or defect shatl be sentenced for commission of an offence as feng as suclr incapaerty endures, Medical records in . this case provide proof to mental incompetency a€ the time of sen tencing. Thecetore , is ta constitutional Violation of due process te hae been sentenced! while incompetent ? oo ‘TL. Mental Competency Heating, oo BO The law states that failure to provide x hearing On mental competency whea sat rent doubt exist, deprives z defendant of Kis due process right to a dair trial. : ‘the record in this case shows sutlteent doubt did eyis€ and no heaving wns held. , . Therebre pis it & copytitutomal violtion of due process to hed heen sentenced when thot doubt did exist and no hearing was held on the isrue ? TID. Conflict Between Court Decisions , ' Caselaw sets precedence thet the Court? must upheld er overrule for due process of lew, Caselaw was nct upheld or everruted in the appeals of this case. Th eretbre, ts it a enstitutioal violation of due process tv he denied sentence rever sal when caselrs has establishecl that regatrement e ; ; eer BE. Due Process of Law ; The United States Con sti bution States Hat ne person shail be deprived of liberty without due process of law, Thet process established in law has Not 7 been provided in this case and T have been deprived of my liberty : There fore, Can this Supreme Court of our country covrect that miscarriage of justice @ i ;

Docket Entries

2020-06-08
Petition DENIED.
2020-05-20
DISTRIBUTED for Conference of 6/4/2020.
2020-05-14
Waiver of right of respondent Arkansas to respond filed.
2020-03-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 15, 2020)

Attorneys

Arkansas
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent
Michael Anthony CantrellOffice of the Arkansas Attorney General, Respondent
Paul M. Gordon
Paul M. Gordon — Petitioner
Paul M. Gordon — Petitioner