John Atlas, Jr. v. Patrick Covello, Warden
HabeasCorpus
Whether Petitioner John Atlas, Jr. stated a prima facie case of ineffective-assistance-of-counsel
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