No. 21-6711

Darius Smith v. United States

Lower Court: District of Columbia
Docketed: 2021-12-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: competency due-process effective-assistance guilty-plea ineffective-assistance-of-counsel intellectual-disabilities intellectual-disability mental-competency mental-illness plea-proceeding sixth-amendment
Key Terms:
JusticiabilityDoctri
Latest Conference: 2022-01-21
Question Presented (AI Summary)

Whether Petitioner's Fifth Amendment right to Due Process was violated

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether Petitioner’s Fifth Amendment right to Due Process was violated where the record demonstrated that he had mental illness and intellectual disabilities that rendered him functionally illiterate and with processing speed deficits and, therefore, not competent to plead guilty, but the trial court relied solely on its inquiry of Petitioner, which consisted of lengthy legalese-filled questions requiring only a yes or no answer, it did not ask if Petitioner was taking medication that would affect his ability to plead guilty, it did not explain the elements of the crime to which Petitioner plead guilty, and it did not ask Petitioner for his own explanation of what happened during the charged crime, and both the defense and government psychiatric experts testified that Petitioner could become competent if adequately advised by his attorney but the record contained no evidence of what or how the attorney counseled Petitioner regarding the plea proceeding. 2. Whether Petitioner’s Sixth Amendment right to effective assistance of counsel was violated where the record demonstrated that Petitioner had mental illness and intellectual disabilities that rendered him functionally illiterate and with processing speed deficits, both the defense and government psychiatric experts testified that Petitioner could become competent if adequately advised by his attorney but the record contained no evidence of what or how the attorney counseled Petitioner regarding the plea proceeding. i

Docket Entries

2022-01-24
Petition DENIED.
2022-01-06
DISTRIBUTED for Conference of 1/21/2022.
2022-01-04
Waiver of right of respondent United States to respond filed.
2021-12-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 21, 2022)

Attorneys

Darius Smith
Deborah A. Persico — Petitioner
Deborah A. Persico — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent