No. 21-7879

Stanley Cookston v. Florida

Lower Court: Florida
Docketed: 2022-05-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: competency competency-hearing constitutional-rights due-process fair-trial retrospective-determination trial-court trial-court-procedure
Key Terms:
DueProcess
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Was Cookston's Constitutional Rights to due-process and fair-trial violated by the trial court making a retrospective determination of competency a year and half after trial?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED coe The Fifth District Court of Appeal reversed and remanded this case for the trial court to determine whether it could conduct a hearing to determine Cookston's competency at the time of trial. The trial court never made this determination; instead, the judge simply took testimony from Cookston's trial attorney, made her own comments, and cited a stale competency evaluation that took place 11 months prior to trial, and two and half years prior to the hearing. The evaluation suggested Cookston's condition be closely monitored and that a reevaluation may be required. Was Cookston's Constitutional Rights to due process and a fair trial violated by the trial court making a retrospective determination of competency a year and half after trial? All parties appear in the caption of the case on the cover page. RELATED CASES 1. The Fifth Judicial Circuit, State of Florida, Case No.: 2017-CD-000576 2. The Fifth District Court of Appeal, State of Florida, Case No.: 5D19-2523 3. The Fifth District Court of Appeal, State of Florida, Case No.: 5D21-0881 ccgin ...

Docket Entries

2022-10-03
Petition DENIED.
2022-06-23
DISTRIBUTED for Conference of 9/28/2022.
2022-06-15
Waiver of right of respondent Florida to respond filed.
2022-05-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 15, 2022)

Attorneys

Florida
Kristen Lynn DavenportSuite 500, Respondent
Kristen Lynn DavenportSuite 500, Respondent
Stanley Cookston
Stanley Cookston — Petitioner
Stanley Cookston — Petitioner