No. 22-5991

Glenn Randall Ferguson v. United States

Lower Court: Tenth Circuit
Docketed: 2022-11-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-4241 child-pornography competency criminal-competency criminal-procedure due-process evidence federal-courts mental-health rule-403
Key Terms:
DueProcess Privacy JusticiabilityDoctri Jurisdiction
Latest Conference: 2022-12-02
Question Presented (AI Summary)

When a district court has found a criminal defendant to be incompetent, is it sufficient to reverse the finding based solely on professional opinions from a second evaluation?

Question Presented (from Petition)

QUESTION PRESENTED FOR REVIEW 1. When a district court has found a criminal defendant to be incompetent pursuant to 18 U.S.C. § 4241, and the defendant is then sent to a BOP facility for a second evaluation “to determine whether there is a substantial probability that in the foreseeable future [the defendant] will attain the capacity to permit the proceedings to go forward” pursuant to 18 U.S.C. § 4241(d), is it sufficient for the district court to reverse its original finding and find the defendant competent based solely on professional opinions from the second evaluation that there were “discrepancies” in the defendant’s behavior? 2. When, in a jury trial on a charge of possession of child pornography, a district court, without first reviewing the proffered evidence, allows introduction and display to the jury of fifteen images and portions of ten videos of child pornography over the Rule 403 objection of the defendant, is that consistent with Rule 403? i

Docket Entries

2022-12-05
Petition DENIED.
2022-11-16
DISTRIBUTED for Conference of 12/2/2022.
2022-11-10
Waiver of right of respondent United States of America to respond filed.
2022-11-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 5, 2022)

Attorneys

Glenn Randall Ferguson
Barbara Lauren WoltzOffice of the Federal Public Defender EDOK, Petitioner
Barbara Lauren WoltzOffice of the Federal Public Defender EDOK, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent