No. 24-477

Thomas John Boukamp v. United States

Lower Court: Fifth Circuit
Docketed: 2024-10-30
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: competency-to-stand-trial criminal-procedure due-process fifth-circuit judicial-standard mental-capacity
Key Terms:
AdministrativeLaw Punishment Privacy JusticiabilityDoctri
Latest Conference: 2024-11-22
Question Presented (AI Summary)

Whether the Dusky standard for competency to stand trial requires a defendant to have a rational and factual understanding of the proceedings against them

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. In Dusky v. United States, 362 U.S. 402 (1960), this Court held that a defendant is competent to stand trial when he “has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding,” and when “he has a rational as well as factual understanding of the proceedings against him.” Does the “rational understanding” component of the Dusky standard require that the defendant be capable of making rational decisions? II. Does a defendant have a rational understanding of the proceedings against him when his theory of the case results from a developmental disability and cannot negate the elements of the offense?

Docket Entries

2024-11-25
Petition DENIED.
2024-11-06
DISTRIBUTED for Conference of 11/22/2024.
2024-11-04
Waiver of United States of right to respond submitted.
2024-11-04
Waiver of right of respondent United States to respond filed.
2024-10-23
Petition for a writ of certiorari filed. (Response due November 29, 2024)
2024-09-10
Application (24A250) granted by Justice Alito extending the time to file until October 23, 2024.
2024-09-05
Application (24A250) to extend the time to file a petition for a writ of certiorari from September 23, 2024 to October 23, 2024, submitted to Justice Alito.

Attorneys

Thomas John Boukamp
Jessica Alice GrafJessica Graf Law, PLLC, Petitioner
Jessica Alice GrafJessica Graf Law, PLLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent