No. 24-6349

Joshua Wiley Mitchell v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2025-01-21
Status: Denied
Type: IFP
IFP
Tags: competency-determination criminal-procedure due-process psychiatric-evaluation statutory-procedure trial-rights
Key Terms:
DueProcess
Latest Conference: 2025-03-21
Question Presented (AI Summary)

Was the trial court required to follow state statutory procedures for competency determination and does denial of a psychiatric evaluation constitute a due process violation; Was it a due process violation to not allow the defendant psychiatric assistance at a retrospective competency trial

Question Presented (OCR Extract)

TO THE UNITED STATES SUPREME COURT 1 .Was the trial court required to follow the state statutory procedures when dealing with competency, and if those statutory procedures required a psychiatric evaluation as part of a competency trial does the denial thereof equal a due process violation. 2. After being denied the assistance of a psychiatrist before trial, and afterwards the COA finding the defendant was too incompetent to participate in his own trial. Was it a due process violation to not allow the defendant the aid of a psychiatrist at a COA ordered retrospective competency trial. If the state statute required the aid of the psychiatrist. ii /,\A PETITION FOR WRIT OF CERTIORARI TO THE HONORABLE JUSTICES OF SAID COURT: JOSHUA W. MITCHELL (PETITIONER) petitions on the Court for a Writ of Certiorari against the parties listed below. Petitioner supports this petition as follows :

Docket Entries

2025-03-24
Petition DENIED.
2025-03-06
DISTRIBUTED for Conference of 3/21/2025.
2025-01-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 20, 2025)

Attorneys

Joshua J. Mitchell
Joshua Wiley Mitchell — Petitioner