competency

89 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-5874 Bruce S. Myles v. New York New York 2025-10-14 Denied IFP competency due-process fair-trial ineffective-counsel prosecutor-testimony sixth-amendment Whether the court violated due process when the prosecutor was allowed to act as an unsworn witness; whether counsel was ineffective in violation of t…
24-5628 Angel Landa-Arevalo v. United States Tenth Circuit 2024-09-24 Denied Response WaivedIFP competency constitutional-rights mental-health pre-trial-detention sixth-amendment speedy-trial Was Petitioner's right to a speedy trial violated under the Sixth Amendment and should the trial judge have ordered a mental health evaluation given t…
24-5336 Darryl Watts v. New York New York 2024-08-16 Denied Response WaivedIFP civil-proceeding competency constitutional-rights due-process liberty-interest sex-offender-registration Because a New York Sex Offender Registration Act proceeding implicates a fundamental liberty interest, requires complex factfinding that necessitates …
24-5175 Kalamice Keson Piggee v. Gena Jones, Warden Ninth Circuit 2024-07-30 Denied Response WaivedIFP competency competency-hearing due-process expert-testimony judicial-review mental-health-evaluation mental-illness retrospective-competency-determination trial-court-discretion trial-procedure Whether the Ninth Circuit's decision sanctioned a departure from this Court's precedent requiring a trial court to hold a competency hearing if substa…
23-7799 Esther Martin v. Indiana Indiana 2024-06-25 Denied Response WaivedIFP competency competency-to-stand-trial counsel-performance due-process effective-assistance-of-counsel ineffective-assistance intellectual-disability post-conviction post-conviction-proceedings sixth-amendment Whether counsel performed deficiently by failing to investigate and challenge an intellectually disabled defendant's competency based on known red fla…
23-7116 Ricky L. Reese v. Oklahoma Oklahoma 2024-04-01 Denied IFP competency constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance judicial-review sentencing-error statute-of-limitations Does a person who is convicted have the right to judicial review from the courts even if they did not file within one year of their sentence becoming …
23-6964 Harvey Cantrell v. Department of Veterans Affairs Seventh Circuit 2024-03-12 Denied Response WaivedIFP 8th-amendment capital-punishment civil-rights competency due-process mental-illness Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who has a severe mental illness that …
23-953 Brandon Michael Council v. United States Fourth Circuit 2024-03-01 Denied Amici (3) circuit-split competency criminal-procedure defendant-rights due-process effective-assistance-of-counsel federal-death-penalty judicial-discretion mental-competence trial-competency Whether a trial court may deem a defendant competent based solely on the unexplained, unsupported opinion of a defense expert or defense counsel
23-536 Kendall Merlo v. Ingrid Warren, Presiding Judge, Probate Court No. 2, Dallas County, Texas Texas 2023-11-20 Denied Response Waived competency competency-hearing due-process estate-law guardian-ad-litem judicial-procedure notice pleadings probate-court sua-sponte Does a state trial court violate due process by appointing a guardian ad litem for the adult beneficiary of an estate, who is presumed to be competent…
23-5374 Jessie C. Roberts v. Danny Samuel Ninth Circuit 2023-08-17 Denied Response WaivedIFP competency criminal-procedure delusions hallucinations incompetency ineffective-assistance mental-health specific-intent Whether trial counsel provided ineffective assistance by failing to investigate and present testimony from mental health experts supporting that the c…
23-5350 Daniel Chris Ramsey v. California California 2023-08-14 Denied Response WaivedIFP civil-rights competency constitutional-provisions criminal-procedure due-process equal-protection jurisdiction legal-procedure mental-health writ Whether the Constitution is violated when a petitioner with mental health issues is denied a competency hearing before facing trial
22-7764 Duane E. Owen v. Florida Florida 2023-06-12 Denied IFP competency competency-to-be-executed criminal-procedure death-penalty dementia due-process eighth-amendment insanity legal-insanity rational-understanding Whether the State of Florida's perfunctory evaluation of Owen's claim that he is legally insane and incompetent to be executed violated the Eighth Ame…
22-1070 Stanford James Stelle, III v. California California 2023-05-04 Denied Response RequestedResponse WaivedRelisted (2) competency competency-hearing criminal-defendant criminal-procedure drope-v-missouri due-process fourteenth-amendment mental-competency mental-incompetence pate-v-robinson successive-review Does California's heightened standard for a successive competency hearing violate the Due Process Clause of the Fourteenth Amendment?
22-7108 Andrew Ryan v. United States Eighth Circuit 2023-03-27 Denied Response WaivedRelisted (2)IFP 18-usc-4241d appellate-review competency competency-determination due-process incompetent-defendant statutory-rights timing-violations united-states-v-olano waiver Whether under United States v. Olano an incompetent defendant waives appellate review of his statutory and due process right to a timely resolution of…
22-6404 Paul Rivera v. United States Second Circuit 2022-12-28 Denied Response WaivedIFP competency constitutional-rights fair-trial indiana-v-edwards mental-illness pro-se-representation self-representation trial-competency 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 t…
22-550 Carlos Jackson v. Mississippi Mississippi 2022-12-15 Denied Response WaivedRelisted (2) competency conviction criminal-procedure due-process judicial-inquiry retroactivity sentence state-courts void-conviction Whether the retroactivity rule for criminal procedure applies to the State of Mississippi
22-6096 Gary Eye v. United States Eighth Circuit 2022-11-18 Denied IFP 8th-amendment capital-punishment civil-rights competency due-process mental-illness Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who has a severe mental illness that …
22-5991 Glenn Randall Ferguson v. United States Tenth Circuit 2022-11-04 Denied Response WaivedIFP 18-usc-4241 child-pornography competency criminal-competency criminal-procedure due-process evidence federal-courts mental-health rule-403 When a district court has found a criminal defendant to be incompetent, is it sufficient to reverse the finding based solely on professional opinions …
22-5872 In Re Benjamin Cole 2022-10-20 Denied IFP competency death-penalty due-process eighth-amendment execution-protocol fourteenth-amendment habeas-corpus mental-competency mental-illness original-jurisdiction Whether a prisoner who is incompetent to be executed can be executed under the Eighth and Fourteenth Amendments
22-5851 Siaosi Vanisi v. William Reubart, Acting Warden Nevada 2022-10-17 Denied IFP competency criminal-procedure double-jeopardy gross-negligence intent-requirement mental-competency oregon-v-kennedy self-representation Does gross negligence satisfy the intent requirement for double jeopardy?
22-5504 Rafael Villanueva v. United States Fifth Circuit 2022-09-06 Denied Response WaivedIFP 5th-amendment commerce-clause competency criminal-procedure due-process mental-capacity Whether the trial court and the Fifth Circuit erred in finding the petitioner competent to stand trial, violating his due process rights
21-8234 Bithomas Ceasar, Jr. v. United States Fifth Circuit 2022-06-27 Denied Response WaivedRelisted (2)IFP bureau-of-prisons commitment competency competency-hearing criminal-procedure district-court judicial-authority mental-health-commitment restoration statutory-interpretation Whether a district court lacks authority to order additional competency restoration commitment under 18 U.S.C. § 4241(d)(2)
21-8027 Derek J. DeGroot v. Wisconsin Wisconsin 2022-06-01 Denied Response WaivedIFP competency conflict-of-counsel counsel-conflict faretta-colloquy faretta-v-california pro-se-representation self-representation sixth-amendment timeliness trial-court-discretion Does the Sixth Amendment require a trial court to conduct a competency colloquy where a defendant makes a mid-trial demand to represent himself?
21-7879 Stanley Cookston v. Florida Florida 2022-05-16 Denied Response WaivedIFP competency competency-hearing constitutional-rights due-process fair-trial retrospective-determination trial-court trial-court-procedure Was Cookston's Constitutional Rights to due-process and fair-trial violated by the trial court making a retrospective determination of competency a ye…
21-7228 Timothy Donald Dingle v. Brian Kendall, Warden Fourth Circuit 2022-02-28 Denied Response WaivedIFP civil-procedure competency due-process psychiatric-evaluation response-time standing Question not identified
21-7212 Kecia Porter v. Queen Cunningham Illinois 2022-02-25 Denied IFP capacity-determination competency constitutional-rights due-process equal-protection fair-review legal-review power-of-attorney retroactive Whether the Petitioners' 5th and 14th Amendment rights were violated when the reviewing courts denied review on the merits of the case as the Petition…
21-7171 Robin Lee Sherwood v. George A. Neotti, Warden Ninth Circuit 2022-02-22 Denied Response WaivedRelisted (2)IFP competency competency-to-plead-guilty guilty-plea habeas habeas-corpus hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel prejudice-standard strickland-standard strickland-v-washington Whether the Ninth Circuit's prejudice standard for an ineffective assistance of counsel claim concerning competency to plead guilty conflicts with Str…
21-6818 Arron Lawson v. Ohio Ohio 2022-01-11 Denied IFP 5th-amendment 8th-amendment capital-offenses competency competency-evaluation constitutional-rights criminal-procedure death-penalty due-process eighth-amendment fifth-amendment state-court-proceedings Does a state Court proceeding resulting in a death sentence violate the Fifth and Eighth Amendments when the court fails to ensure the defendant's com…
21-6711 Darius Smith v. United States District of Columbia 2021-12-22 Denied Response WaivedIFP competency due-process effective-assistance guilty-plea ineffective-assistance-of-counsel intellectual-disabilities intellectual-disability mental-competency mental-illness plea-proceeding sixth-amendment Whether Petitioner's Fifth Amendment right to Due Process was violated
21-6547 Richard Lynn Long, Jr. v. Darrel Vannoy, Warden Fifth Circuit 2021-12-08 Denied Response WaivedIFP competency competency-evaluation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-review mental-health plea-agreement right-to-counsel Did the Fifth Circuit Court of Appeal err in deferring to the state court finding that Mr. Long was not prejudiced by his trial counsel's failure to n…
21-6269 Johnathan Dewayne Mitchell v. United States Eighth Circuit 2021-11-15 Denied Response WaivedRelisted (2)IFP civil-rights competency criminal-procedure defendant-rights due-process forcible-medication judicial-authority medical-intervention medication mental-health Whether district courts have authority to order forcible medication of competent defendants
21-5979 Leihinahina Sullivan, aka Jennifer Sullivan v. Reneau Kennedy, et al. Ninth Circuit 2021-10-15 Denied IFP civil-rights competency constitutional-rights criminal-procedure due-process federal-jurisdiction judicial-subpoena medical-records patient-privacy psychotherapist-patient-privilege standing Does a judge vested by statute to subpoena a criminal defendant's treating psychotherapist-patient records, cannot over a criminal defendant's express…
21-5701 Michel Cherfrere v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2021-09-17 Denied IFP competency competency-examination criminal-procedure due-process faretta-v-california right-to-counsel self-representation speedy-trial standby-counsel Right-to-self-representation
21-5572 Kamau Alan Israel v. United States Fifth Circuit 2021-09-02 Denied Response WaivedIFP competency competency-hearing ineffective-assistance ineffective-assistance-of-counsel insanity-defense mental-illness plea-bargain sentencing sentencing-guidelines strickland-standard strickland-v-washington Whether counsel for a person suffering severe mental illness throughout his entire life should have taken minimal steps to investigate his mental illn…
21-293 Vincent Alphonso Powell v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-08-30 Denied Response Waived civil-rights competency competency-hearing constitutional-rights due-process forcible-medication mental-health panel-decision precedent standing waiver-of-rights Did the State of Arizona, Superior Court, confront a set of facts that are materially indistinguishable from the decision of this honorable Court in t…
21-5427 Kushawn Miles-El v. Connie Horton, Warden Michigan 2021-08-23 Denied Response WaivedIFP 6th-amendment capital-case civil-rights competency competency-hearing due-process fourteenth-amendment right-to-be-present right-to-counsel sixth-amendment Whether the state court has denied petitioner any right, privilege or immunity
20-8091 Steven Zapata v. Kentucky Kentucky 2021-05-20 Denied Response WaivedIFP competency constructive-denial-of-counsel criminal-procedure cronic-standard cronic-v-united-states guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-colloquy strickland-standard strickland-v-washington Whether the constructive denial of counsel standard under Cronic v. United States or the ineffective assistance of counsel standard under Strickland v…
20-7795 Antwan Lamar Hutchinson v. United States Sixth Circuit 2021-04-19 Denied Response WaivedRelisted (2)IFP abuse-of-discretion appellate-procedure competency competency-hearing criminal-procedure drope-standard due-process mental-health procedural-review sixth-circuit standard-of-review Should the Court reverse the Sixth Circuit's modified version of the three-factor legal test in Drope v. Missouri
20-7238 Alberto Julio Garcia v. Mississippi Mississippi 2021-02-24 Denied IFP competency cruel-and-unusual-punishment death-penalty due-process dusky-standard eighth-amendment fourteenth-amendment mental-competency pretrial-proceedings restorative-treatment Does Mississippi's 'presumption of competency' violate the Fourteenth Amendment, and/or the Eighth Amendment, when that presumption is expanded to all…
20-7173 Venecia Depaula v. Florida Florida 2021-02-17 Denied Response WaivedIFP competency competency-hearing constitutional-rights ineffective-assistance ineffective-assistance-of-counsel mental-health plea-offer privileged-communication waiver Was counsel's assistance rendered ineffective
20-6804 Stephen Cometa v. United States Eleventh Circuit 2021-01-08 Denied Response WaivedIFP bona-fide-doubt competency competency-hearing due-process eleventh-circuit irrational-behavior medical-opinions pate-v-robinson sua-sponte trial-competence Whether a district court must conduct a competency hearing sua sponte based on the record evidence
20-6679 Larry Dortley v. Florida Florida 2020-12-21 Denied Response RequestedResponse WaivedRelisted (3)IFP civil-rights competency criminal-procedure drope-v-missouri due-process equal-protection fifth-amendment fourteenth-amendment mental-competency trial-rights Whether the Equal Protection and Due Process of Law Clauses of the Fifth and Fourteenth Amendments to the United States Constitution, and the United S…
20-5917 Eric Malmstrom v. United States First Circuit 2020-10-06 Denied Response RequestedResponse WaivedRelisted (2)IFP civil-procedure competency criminal-law criminal-procedure due-process embassy-communication judicial-discretion mental-competency mental-disease mental-disease-or-defect standing sua-sponte Whether the district court abused its discretion when it failed to sua sponte order a competency evaluation
20-5716 James Ziegenfuss v. Anthony Mackey, et al. Arizona 2020-09-16 Denied Response WaivedIFP 8th-amendment capital-punishment civil-rights competency due-process mental-illness Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who has been diagnosed with a severe …
20-5591 Joseph G. Edwards v. Scott R. Frakes, Director, Nebraska Department of Correctional Services Nebraska 2020-09-03 Denied Response WaivedIFP competency compulsory-process constitutional-rights due-process equal-protection material-facts nebraska-supreme-court precedential-authority sexual-assault vulnerable-adult Did the Nebraska Supreme Court omit material facts and circumvent the petitioner's due process and equal protection rights?
20-5505 Keith O. Johnson v. Florida Florida 2020-08-26 Denied Response WaivedIFP competency competency-hearing constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment fundamental-error mental-health Whether a defendant can be proceeded against in a criminal proceeding where a question of the defendant's competency has been raised and recognized by…
20-5265 Hazhar A. Sayed v. Colorado Colorado 2020-08-05 Denied Response WaivedIFP competency competency-evaluation constitutional-rights criminal-procedure due-process jury-instructions post-arrest-silence right-to-remain-silent self-defense Whether the trial court violated Sayed's constitutional right to remain silent by allowing the investigator to comment on Sayed's post-arrest silence
20-57 Maurice McGinnis, By His Conservator Derrick K. Jones v. Sonny Perdue, Secretary of Agriculture, et al. District of Columbia 2020-07-23 Denied Response Waived arbitration arbitration-procedure civil-rights competency consent-order due-process equitable-jurisdiction guardian-ad-litem miscarriage-of-justice procedural-deadline Whether strict application of procedural deadlines by an Arbitrator under the guidelines of the Consent Order in Pigford v. Glickman resulted in a fun…
19-8442 Erica J. Walker v. Florida Florida 2020-05-12 Denied Response WaivedIFP competency criminal-procedure due-process effective-assistance-of-counsel fair-proceeding fifth-amendment fourteenth-amendment ineffective-assistance insanity mental-health mental-health-evaluation Was the petitioner's right to a fair proceeding, effective assistance of counsel and due process violated?
19-8329 Adam Strege v. United States First Circuit 2020-04-22 Denied Response WaivedIFP access-to-courts civil-rights competency constitutional-rights court-access due-process judicial-discretion judicial-review legal-procedure psychiatric-evaluation standing Is it unconstitutional that no Article III District Court Judge has been assigned to this case?
19-8286 Edward Tiger v. Florida Florida 2020-04-17 Denied Response WaivedIFP competency criminal-competency criminal-procedure due-process fifth-amendment fourteenth-amendment jurisdiction jurisdictional-prerequisite Whether a finding that a criminal defendant is presently competent to proceed is a jurisdictional prerequisite to a court's authority to deprive an ac…
19-7769 Demetrius Antwon Wilson v. David Shinn, Director, Arizona Department of Corrections, et al. Ninth Circuit 2020-02-25 Denied IFP 6th-amendment competency competency-to-stand-trial constitutional-rights criminal-investigation criminal-procedure due-process evidence fair-trial fifth-amendment ineffective-assistance-of-counsel interrogation law-enforcement plea-bargaining prosecutorial-misconduct self-representation Whether the petitioner's 6th Amendment right to a fair trial was violated due to ineffective assistance of counsel, prosecutorial misconduct, and lack…
19-6912 David Abara v. Jack Palmer, Warden, et al. Ninth Circuit 2019-12-12 Denied Response WaivedIFP appeal competency competency-exam criminal-procedure faretta-canvass irreconcilable-conflict right-to-counsel self-representation sixth-amendment trial-court Whether a trial court violates the Sixth Amendment right to counsel by forcing a defendant into self-representation when the defendant and his appoint…
19-6525 Sean Trent Barnes v. United States Fourth Circuit 2019-11-06 Denied Response WaivedIFP abuse-of-discretion competency competency-hearing criminal-procedure due-process guilty-plea plain-error-review plea-bargaining pro-se-representation self-representation sentencing sentencing-enhancement Whether Mr. Sean Trent Barnes' decision to waive counsel and represent himself was made voluntarily, knowingly, and intelligently
19-6422 Calvin Dunell Burns v. Florida Florida 2019-10-29 Denied IFP appeal appellate-review civil-rights competency constitutional-violations due-process evidence legal-procedure mental-competency mental-health standing trial-counsel trial-procedure Why did the First District Court of Appeals, State of Florida, not rule fairly on the merits of the issues in the Petitioner's Direct Appeal regarding…
19-6393 Jean-Paul Gamarra v. United States District of Columbia 2019-10-24 Denied Response WaivedIFP civil-rights competency criminal-competency criminal-procedure due-process expert-testimony involuntary-medication involuntary-treatment mental-health psychiatric-testimony trial-fairness Whether the Constitution permits the government to satisfy the Sell requirements based on testimony from a prison psychiatrist who did not examine, or…
19-6258 In Re Tiran R. Casteel 2019-10-11 Dismissed Response WaivedIFP appeal appellate-review competency district-court due-process eighth-circuit false-premise legal-competency mental-health restoration retroactive-determination trial trial-procedure Was the Petitioner restored prior to the November 2009 trial?
19-5992 Demond Chatman v. Douglas Demoura First Circuit 2019-09-18 Denied Response WaivedIFP appellate-review certificate-of-appealability competency competency-to-stand-trial due-process first-circuit first-circuit-court-of-appeals genuine-issue right-to-trial standing Did the First Circuit Court of Appeals err in refusing to grant certificate of appealability where, contrary to their stated denial, petitioner presen…
19-5839 Randall Wayne Mays v. Texas Texas 2019-09-05 Denied IFP competency cruel-and-unusual-punishment death-penalty delusions due-process eighth-amendment ford-hearing junk-science lay-stereotypes mental-competency mental-illness panetti-v-quarterman Whether a state court may rely on junk science and lay stereotypes of the severely mentally ill to adjudicate a Ford claim
19-5646 Brian Caputo v. United States Ninth Circuit 2019-08-20 Denied Response WaivedIFP cognitive-capacity cognitive-impairment competency criminal-procedure criminal-procedure-plea-bargaining due-process knowing-intelligent-waiver mental-capacity neurological-impairment neurology plea-agreement Does a defendant knowingly, voluntarily, and intelligently enter into a plea agreement where he is neurologically incapable of understanding the futur…
19-5619 Leonardo R. German v. Jerry Goodwin, Warden Fifth Circuit 2019-08-16 Denied IFP competency constitutional-rights consular-assistance consulate-assistance criminal-procedure double-jeopardy due-process habeas-corpus mental-health miranda-rights sanity-hearing Did Mr. German possess a Constitutional right to a SANITY-COMMISSION-HEARING, after his new lawyer raised issues as to his competency prior to the sta…
19-5598 Wade Hampton Bigelow, aka Ray Ford Gore v. United States Fifth Circuit 2019-08-15 Denied Response WaivedIFP civil-rights competence-to-stand-trial competency constitutional-rights criminal-procedure discrimination due-process ineffective-assistance-of-counsel insanity-defense judicial-discretion mental-competency mental-health mental-health-records psychiatric-evaluation Whether the District Court failed to rule consistent with the Insanity Defense Reform Act
19-5319 William J. Barnes Jr. v. New York New York 2019-07-24 Denied IFP appellate-review competency constitutional-rights due-process ineffective-assistance-of-counsel ineffective-counsel insanity-defense mental-capacity mental-competency structural-error trial-procedure Did the county court deprive the petitioner of his due process and constitutional right to a full and fair impartial determination of his mental capac…
18-9247 Hitoshi Ombe v. Susana Martinez, et al. Tenth Circuit 2019-05-14 Denied Response WaivedRelisted (2)IFP autism-disability civil-rights cognitive-ability competency competency-ability disability due-process emotional-damages executive-function instrumental-aggression knowledge-of-disability legal-competency pro-se pro-se-litigant pro-se-litigation standing Does the depressed autism minority have adequate competency or ability to litigate on his own (pro se) without any help or support?
18-8881 Garry Coleman v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-04-17 Denied Response WaivedIFP circuit-split civil-procedure civil-procedure-rule-52-rule-60 coa competency conclusions-of-law due-process federal-procedure findings-of-fact habeas-corpus rule-60b-motion Whether the district court failed to provide findings of fact and conclusions of law as required by Fed. R. Civ. P. 52(a)(1) in denying petitioner's F…
18-8723 Miles Sterling Bench v. Oklahoma Oklahoma 2019-04-08 Denied IFP 8th-amendment affidavit civil-rights competency costs criminal-appeals death-penalty declaration due-process filing-fees in-forma-pauperis indigent indigent-status mental-illness oklahoma-law supreme-court-procedure writ-of-certiorari Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a person with severe mental illness
18-8473 Eric Laquinne Brown, aka Eric L. Brown, aka Eric Brown v. Mississippi Mississippi 2019-03-19 Denied Response WaivedIFP civil-rights competency competency-hearing constitutional-rights criminal-procedure due-process guilty-plea mental-competency mental-evaluation mental-health mississippi-uniform-rule-9.06 plea-bargaining procedural-bars procedural-due-process standing Did Brown have a Constitutional right to have a competency hearing before he plead guilty?
18-8167 Frederick H. Banks v. United States Third Circuit 2019-02-27 Denied Response WaivedIFP appeals civil-procedure civil-rights competency due-process error-correction indian-law standing tribal-sovereignty Did the Appeals Court err in failing to find that sound reasons existed for filing the error correction motion?
18-8011 Kevin Kerr v. William P. Barr, Attorney General Eighth Circuit 2019-02-19 Denied Response WaivedIFP 42-usc-1988 6th-amendment civil-rights competency criminal-procedure due-process federal-jurisdiction free-speech pardon pro-se-appearance psychological-evidence self-representation sixth-amendment standing Does 42 U.S.C. § 1988(a) confer jurisdiction on the respondent, the United States District Court, and the United States Court of Appeals conveying to …
18-7835 Iouri Mikhel v. United States Ninth Circuit 2019-02-07 Denied IFP burden-of-proof competency competency-hearing criminal-procedure death-penalty due-process federal-criminal-procedure federal-judiciary hostage-taking judicial-discretion mental-health recusal standard-of-proof treaty-power trial-procedure Where significant evidence of competency is susceptible to conflicting inferences, what standard of proof is required for a competency hearing and wha…
18-7620 Emmanuel Adeyinka v. Harris County Jail, et al. Fifth Circuit 2019-01-31 Denied IFP civil-procedure civil-rights competency criminal-conviction cruel-and-unusual-punishment death-penalty due-process eighth-amendment eleventh-amendment immunity mental-illness monetary-damages personal-involvement rational-understanding section-1983 standing Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who has a severe mental illness that …
18-7662 Nolan Lewis v. United States Ninth Circuit 2019-01-30 Denied Response WaivedIFP abuse-of-discretion competency competency-evaluation criminal-procedure due-process guilty-plea judicial-discretion mental-competency ninth-circuit restitution restitution-hearing Whether the Ninth Circuit Court of Appeals applied the proper legal standard for determining whether the district court abused its discretion in faili…
18-7502 Edjuan Payne v. Illinois Illinois 2019-01-24 Denied IFP appeals appellate-review civil-rights competency criminal-procedure due-process mental-fitness mental-health right-to-a-fair-trial right-to-counsel sentencing trial-errors Whether the defendant's due process rights were violated by the trial court's failure to conduct a competency hearing despite evidence of the defendan…
18-7547 Michael Joseph Mulder v. Nevada Nevada 2019-01-24 Denied IFP competency cruel-and-unusual-punishment death-penalty dementia eighth-amendment intellectual-disability memory-loss Whether the Eighth Amendment categorically excludes from the death penalty an individual who, because of a stroke that caused dementia, is functionall…
18-7504 Raphael R. Hamilton v. Joe M. Allbaugh, Director, Oklahoma Department of Corrections Tenth Circuit 2019-01-18 Denied IFP circuit-court-discretion coercion competency criminal-procedure defendant-rights due-process guilty-plea guilty-plea-withdrawal jurisdiction jurisdictional-issue right-to-withdraw standard-of-review statutory-interpretation Whether the Tenth Circuit Court of Appeals erred by not reversing the trial court's order denying petitioner his right to withdrawal of the guilty ple…
18-6959 Glenn Lloyd Kingham v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-12-07 Denied IFP 4th-amendment actual-prejudice assistance-of-counsel civil-rights competency constitutional-rights criminal-procedure due-process exclusionary-rule habeas-corpus judicial-review post-conviction probable-cause procedural-rules search-and-seizure Whether arbitrary government intrusion violates the Fourth Amendment by means of unlawful search and seizure without probable cause
18-6568 Harold Max Pompee v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2018-11-05 Denied IFP competence competency constitutional-rights criminal-procedure due-process evidentiary-hearing guilty-plea habeas-corpus ineffective-assistance-of-counsel right-to-competence Whether the Eleventh Circuit erred in holding that a state prisoner's ineffective-assistance-of-counsel claim alleging that counsel failed to raise hi…
18-6544 Robert Joe McNemar v. Ralph Terry, Acting Warden Fourth Circuit 2018-11-05 Denied IFP 14th-amendment 6th-amendment competency competency-evaluation criminal-defendant due-process fourteenth-amendment ineffective-assistance-of-counsel mental-health plea-bargain plea-bargaining sixth-amendment Does due process require an express competency determination?
18-6401 James Gabriel Smith v. United States Sixth Circuit 2018-10-23 Denied Response WaivedIFP appellate-review competency criminal-procedure due-process federal-rules-of-criminal-procedure informed-consent judicial-process plea-bargaining plea-colloquy rule-11-procedure Whether the district court followed the procedure mandated by FED. R. CRIM. P. 11 in accepting a guilty plea
18-6329 Adan Sandoval Dominguez v. M. Eliot Spearman, Warden Ninth Circuit 2018-10-16 Denied Response WaivedIFP competency competency-standard constitutional-law criminal-procedure due-process factual-understanding judicial-standard major-depressive-disorder mental-competency mental-health rational-understanding standing trial-rights Did defendant meet the competency requirement to stand trial set forth in Godinez v. Moran, 509 U.S. 389 (1993)?
18-6247 Roy Parker v. Burl Cain, Warden Fifth Circuit 2018-10-09 Denied IFP 6th-amendment competency conflict-of-interest constitutional-provisions due-process evidentiary-hearing ineffective-assistance-of-counsel right-to-testify sixth-amendment Did the petitioner receive effective assistance of counsel?
18-6084 Sharon Lee v. Florida Florida 2018-09-24 Denied Response WaivedIFP competency constitutional-rights criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel manifest-injustice mental-capacity plea-bargaining Was the petitioner's constitutional rights violated when the petitioner unknowingly and unintelligently accepted a plea to a second degree murder char…
18-6081 Manuel Enrique Camacho v. Wendy Kelley, Director, Arkansas Department of Correction Eighth Circuit 2018-09-24 Denied Response WaivedIFP cognitive-impairment competency criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel mental-capacity mental-competency psychiatric-evaluation psychiatric-report Whether trial counsel was ineffective for failing to determine if Mr. Camacho was competent to enter a guilty plea
18-5857 Jeffrey Latimore v. Julie L. Jones, Secretary, Florida Department of Corrections Florida 2018-09-04 Denied Response WaivedIFP competency competency-hearing constitutional-rights criminal-procedure due-process habeas-corpus mental-competency plea-agreement plea-bargaining right-to-counsel state-attorney-office state-court state-courts trial-court WHETHER TRIAL COURT ABUSED THEIR AUTHORITY BY DENYING PETITIONER LATIMORE A COMPETENCY HEARING BEFORE A PLEA AGREEMENT
18-5787 Danyale Sharron Tubbs v. Michigan Michigan 2018-08-28 Denied IFP competency competency-defense due-process ineffective-assistance ineffective-assistance-of-counsel mental-competency mental-illness plain-error procedural-default sentencing sentencing-error strickland-standard Was Michigan's application of Strickland v. Washington unreasonable?
18-5616 Robert Earl Clayborne, Jr. v. Nebraska Eighth Circuit 2018-08-16 Denied Response WaivedIFP 6th-amendment civil-rights competency competency-hearing criminal-defense criminal-procedure due-process effective-assistance-of-counsel mental-disability mental-health prosecutorial-misconduct right-to-counsel sixth-amendment Whether the petitioner was denied due process and effective assistance of counsel when the state court refused to hold a competency hearing despite ev…
18-5416 Ramal Hammond v. Ohio Ohio 2018-07-31 Denied Response WaivedIFP amnesia burden-of-proof competency criminal-procedure defendant-amnesia due-process dusky-standard dusky-v-united-states mental-capacity right-to-counsel sixth-amendment trial-competency When the evidence of guilt is far from overwhelming but cannot be rebutted without information that only the defendant would know, but due to amnesia …
24A284 Freddie Owens v. Bryan Stirling, et al. Fourth Circuit Denied capital-punishment competency cruel-and-unusual death-penalty eighth-amendment mental-illness Whether the Eighth Amendment prohibits the execution of a death row inmate with a documented history of severe mental illness that substantially impai…
24A592 Tahina Corcoran, as next friend on behalf of Joseph E. Corcoran v. Ron Neal, Warden Seventh Circuit Denied competency death-penalty eighth-amendment execution-stay mental-illness schizophrenia Whether the Eighth Amendment prohibits the execution of a defendant with severe, untreated paranoid schizophrenia who was deemed incompetent to assist…