No. 21-5572

Kamau Alan Israel v. United States

Lower Court: Fifth Circuit
Docketed: 2021-09-02
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: competency competency-hearing ineffective-assistance ineffective-assistance-of-counsel insanity-defense mental-illness plea-bargain sentencing sentencing-guidelines strickland-standard strickland-v-washington
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-10-08
Question Presented (AI Summary)

Whether counsel for a person suffering severe mental illness throughout his entire life should have taken minimal steps to investigate his mental illness before agreeing to a plea bargain that resulted in a far-above Guidelines sentence?

Question Presented (OCR Extract)

QUESTION PRESENTED Trial counsel in this case failed to investigate Mr. Israel’s mental illness before his case was adjudicated. But Mr. Israel has been mentally ill for his entire life—and even now, under the care of the Bureau of Prisons, he suffers from severe schizophrenia. Because counsel failed, Mr. Israel was left without an insanity defense, did not seek a hearing on competency, and was not able to present proof of his illness during his sentencing. The question presented is whether, under Strickland and Hinton, counsel for a person suffering severe mental illness throughout his entire life (including on the day he allegedly committed his crimes) should have taken minimal steps to investigate his mental illness before agreeing to a plea bargain that resulted in a far-above Guidelines sentence?

Docket Entries

2021-10-12
Petition DENIED.
2021-09-23
DISTRIBUTED for Conference of 10/8/2021.
2021-09-14
Waiver of right of respondent United States of America to respond filed.
2021-08-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 4, 2021)

Attorneys

Kamau Alan Israel
Raffi MelkonianWright, Close & Barger LLP, Petitioner
United States of America
Brian H. FletcherActing Solicitor General, Respondent