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