No. 22-6404

Paul Rivera v. United States

Lower Court: Second Circuit
Docketed: 2022-12-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: competency constitutional-rights fair-trial indiana-v-edwards mental-illness pro-se-representation self-representation trial-competency
Key Terms:
AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Whether a defendant's constitutional right to a fair trial imposes upon trial courts a duty of inquiry to determine whether a defendant is competent to represent himself at trial under the heightened competency standard in Indiana v. Edwards

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a defendant’s constitutional right to a fair trial imposes upon trial courts a duty of inquiry to determine whether a defendant is competent to represent himself at trial under the heightened competency standard in Jndiana v. Edwards, 554 U.S. 164 (2008), where the record contains abundant evidence that the defendant was likely mentally ill and not competent to proceed pro se even though he was competent to stand trial. 2. Whether petitioner Paul Rivera, who was facing a mandatory life sentence if convicted, was denied his constitutional right to a fair trial under Indiana v. Edwards, 554 U.S. 164 (2008), when the district court allowed him to represent himself at trial upon a finding of no “wackiness,” without the benefit of any psychiatric evaluations and without affording any other meaningful consideration of his mental state, and despite a plethora of evidence in the record indicating that he likely was suffering from mental illness and was not competent to proceed pro se. i

Docket Entries

2023-02-21
Petition DENIED.
2023-01-19
DISTRIBUTED for Conference of 2/17/2023.
2023-01-11
Waiver of right of respondent United States to respond filed.
2022-12-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 27, 2023)

Attorneys

Paul Rivera
Gwen Marta SchoenfeldLaw Office of Gwen M. Schoenfeld, LLC, Petitioner
Gwen Marta SchoenfeldLaw Office of Gwen M. Schoenfeld, LLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent