No. 21-6986

John Atlas, Jr. v. Patrick Covello, Warden

Lower Court: Ninth Circuit
Docketed: 2022-01-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-street-gang criminal-threats due-process ineffective-assistance intent life-sentence mental-state mental-state-defense schizophrenia trial-counsel
Key Terms:
HabeasCorpus
Latest Conference: 2022-03-18
Question Presented (AI Summary)

Whether Petitioner John Atlas, Jr. stated a prima facie case of ineffective-assistance-of-counsel

Question Presented (OCR Extract)

QUESTION PRESENTED Whether Petitioner John Atlas, Jr. stated a prima facie case of ineffective assistance of trial counsel where (1) Atlas was charged with making criminal threats mere days after being prescribed a new regimen of psychotropic medication for a longstanding schizophrenia diagnosis of which trial counsel was aware, but trial counsel conducted no mental state investigation and failed to present the testimony of a mental health expert regarding Atlas’s mental state at the time of the alleged offense, (2) Atlas was convicted of and received a life sentence for making said alleged criminal threats, and (3) Atlas was subsequently able to produce an expert report and declaration, based on medical records and accounts from Atlas’s family that were available at the time of trial, opining that Atlas was suffering from mental illness at the time of, and with symptoms consistent with, the charged offense, calling into question whether he possessed the requisite intent for making a criminal threat with the intent to benefit a criminal street gang? i

Docket Entries

2022-03-21
Petition DENIED.
2022-03-03
DISTRIBUTED for Conference of 3/18/2022.
2022-02-23
Waiver of right of respondent Patrick Covello, Warden to respond filed.
2022-01-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 28, 2022)

Attorneys

John Atlas, Jr.
Devon Lashae HeinOffice of the Federal Public Defender, Petitioner
Devon Lashae HeinOffice of the Federal Public Defender, Petitioner
Patrick Covello, Warden
Vincent Paul LaPietra — Respondent
Vincent Paul LaPietra — Respondent