No. 22-6018

David L. Hering v. Patti Wachtendorf, Warden

Lower Court: Eighth Circuit
Docketed: 2022-11-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: adversarial-trial burden-of-proof criminal-defense due-process ineffective-assistance insanity-defense sixth-amendment
Key Terms:
DueProcess Privacy
Latest Conference: 2023-01-06
Question Presented (AI Summary)

When using insanity as a tool in the defense of a criminal defendant who plead not guilty and is strongly asserting their innocence. Does defense counsel render ineffective assistance by failing to hold the State to it's burden of proving the defendant guilty beyond a reasonable doubt, concedéing their guilt, and denying them of the adversarial trial that the Sixth Amendment of the United States Constitution guarantees them?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. When using insanity as a tool in the defense of a criminal defendant who plead not guilty and is strongly asserting their innocence. Does defense counsel render ineffective assistance by failing to hold the State to it's burden of proving the defendant guilty beyond a reasonable doubt, concedéing their guilt, and denying them of the adversarial trial that the Sixth Amendment | of the United States Constitution guarantees them? | 2. When tacriminal defendant, who plead not guilty and is | asserting their innocence, agrees to let defense counsel use ... | insanity as a tool within their defense. Do they “automatically” | grant counsel the authority to concedé their guilt, waive their | constitutional right to an adversarial trial, and relieve counsel of their duty to hold the State to it's. burden of proving them | guilty beyond a reasonable doubt? 3. When defense counsel does not explain, discuss, or disclose, to a criminal defendant the trial strategy they are planning to | use at trial. Do they render ineffective assistance? | 4. When defense counsel does not obtain a criminal defendants | express approval to use the strategy that they used at trial. Do they render ineffective assistance?: , | . ,

Docket Entries

2023-01-09
Petition DENIED.
2022-12-01
DISTRIBUTED for Conference of 1/6/2023.
2022-11-30
Waiver of right of respondent Patti Wachtendorf to respond filed.
2019-08-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 8, 2022)

Attorneys

David L. Hering
David Lee Hering — Petitioner
Patti Wachtendorf
Darrel MullinsIowas Dept. of Justice, Respondent