No. 20-5619

James Allen Minyard v. North Carolina

Lower Court: North Carolina
Docketed: 2020-09-08
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: competency-hearing due-process fair-trial fourteenth-amendment harmless-error prejudice structural-error trial-rights
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-12-04 (distributed 2 times)
Question Presented (AI Summary)

Whether the trial court violated the petitioner's due process right to a fair trial by failing to hold a competency hearing despite a bona fide doubt as to the petitioner's competence

Question Presented (OCR Extract)

QUESTIONS PRESENTED There was a bona fide doubt as to Petitioner’s competence to be tried, due to him becoming stuporous and non-responsive in the second day of his two-day trial, his hospitalization for a medical examination, and his confusing testimony. Rather than holding a competency hearing, the trial court determined—based on unconfirmed and conflicting reports—that Petitioner was voluntarily absent due to ingesting drugs, and the trial court completed the trial. Despite medical records that there were no drugs in his system, the state courts have subsequently held that Petitioner’s claim is subject to harmless error review and that he must show that his absence from court caused him prejudice. The questions presented are: L Whether, despite there being a bona fide doubt as to Petitioner’s competence, the trial court violated Petitioner’s Fourteenth Amendment due process right to a fair trial by failing to hold a competency hearing before determining that Petitioner was voluntarily absent and completing the trial. I. Whether a trial court's failure to hold a competency hearing, when there was a bona fide doubt as to the defendant's competence to be tried, is a structural error not subject to harmless error review.

Docket Entries

2020-12-07
Petition DENIED.
2020-11-12
DISTRIBUTED for Conference of 12/4/2020.
2020-11-06
Reply of petitioner James Allen Minyard filed.
2020-11-06
Reply of petitioner James Allen Minyard filed. (Distributed)
2020-10-23
Brief of respondent State of North Carolina in opposition filed.
2020-09-24
Response Requested. (Due October 26, 2020)
2020-09-17
DISTRIBUTED for Conference of 10/9/2020.
2020-09-11
Waiver of right of respondent State of North Carolina to respond filed.
2020-08-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 8, 2020)

Attorneys

James Allen Minyard
John J. KorzenWake Forest University School of Law, Petitioner
John J. KorzenWake Forest University School of Law, Petitioner
State of North Carolina
Joseph Lucas HydeNorth Carolina Department of Justice, Respondent
Joseph Lucas HydeNorth Carolina Department of Justice, Respondent