No. 23-5628

Richard C. Duerson, as Next Friend of Jennifer McFarland v. United States

Lower Court: Sixth Circuit
Docketed: 2023-09-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: competency-standard constitutional-rights due-process equal-protection mental-capacity mental-competency next-friend next-friend-petition physical-competency standing
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-10-27
Question Presented (AI Summary)

What Constitutional Standards should be applied when a judge is tasked with determining the competency of a defendant with known physical and mental ailments, and what role should a 'next friend' petition play in ensuring the defendants rights to due-process, equal-protection

Question Presented (OCR Extract)

QUESTION(S) PRESENTED a 1. What Constitutional Standards should be applied when a judge is tasked with determining the competency of a defendant with known physical and mental ailments, and what role should a "next friend" petition play in ensuring the defendants rights to due process and. equal protection? , 2. Under the Fourth Amendment's protection against unreasonable : ‘ searches, and in light of Artitle 3's jurisdictional provisions, . “should a defendant be allowed to file a 2255 motion on behalf of : their co-defendant, when the defendant was charged with: the fruits obtained from an illegal search of the co-defendants. apartment? .

Docket Entries

2023-10-30
Petition DENIED.
2023-10-05
DISTRIBUTED for Conference of 10/27/2023.
2023-09-27
Waiver of right of respondent United States to respond filed.
2023-09-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 20, 2023)

Attorneys

Richard C. Duerson
Richard C. Duerson — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent