competency-hearing

47 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A875 Telina Fuller v. Hector Sanchez, et al. Sixth Circuit 2026-02-04 Denied competency-hearing constitutional-violation due-process godinez-standard self-representation sixth-amendment Question not identified.
25-5812 Michael Barreto v. United States Second Circuit 2025-10-07 Denied Response RequestedResponse WaivedRelisted (3)IFP competency-hearing criminal-procedure defendant-rights judicial-discretion mental-competency statutory-interpretation If a district court orders a competency examination under § 4241(b) based upon reasonable cause to question a defendant's competency, is it mandatory …
25-5014 Phillip R. Durachinsky v. United States Sixth Circuit 2025-07-02 Denied Response WaivedIFP competency-hearing critical-stages defense-counsel due-process effective-advocacy sixth-amendment Where defense counsel reasonably believes that their client may be incompetent, but the defendant disagrees, does the Sixth Amendment require a distri…
24-6527 Hazhar A. Sayed v. Gilbert Caley, Warden, et al. Tenth Circuit 2025-02-10 Denied IFP competency-hearing criminal-procedure due-process ineffective-assistance pro-se-litigant self-defense 1) Whether The Doyle v. Ohio. 426 U.S. 610 (1976) violation had a substantial and injurious effect in determining the jury 's verdict? 2) Whether the…
24-6173 James Louis Lange, II v. Texas Texas 2024-12-18 Denied IFP competency-hearing court-of-criminal-appeals criminal-procedure due-process mental-competency trial-court Did the Texas Court of Criminal Appeals err in denying Applicant's contention that the trial court did not conduct a proper competency inquiry because…
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 Nearly two years after being restored to competency, Petitioner Kalamice Piggee's mental illness resurged and his trial counsel declared doubt as to h…
23A1028 Kalamice Keson Piggee v. Gena Jones, Warden Ninth Circuit 2024-05-20 Presumed Complete competency-hearing criminal-trial due-process habeas-corpus ineffective-assistance mental-health Question not identified.
23-7037 Billy Joe King v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-03-20 Denied IFP appellate-jurisdiction burden-of-proof civil-procedure competency-hearing constitutional-rights criminal-procedure due-process evidence-admissibility judicial-review mental-capacity standing Question not identified.
23-6756 Kenneth J. Coleman v. United States Fifth Circuit 2024-02-15 Denied Response WaivedIFP competency-hearing confrontation-clause criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel mental-competency pate-v-robinson plea-agreement 1). Is the petitioner constitutionally entitled to a hearing upon the issue of his competency to stand trial. Was the petitioner tried, convicted and…
23A555 Brandon Michael Council v. United States Fourth Circuit 2023-12-15 Presumed Complete competency-hearing criminal-trial due-process ineffective-assistance mental-competence supreme-court-review Question not identified.
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…
23-5480 Jesus C. More v. Florida Florida 2023-08-30 Denied Response WaivedIFP appellate-procedure competency-hearing due-process jurisdiction jurisdictional-bar procedural-rules remedies separation-of-powers subject-matter-jurisdiction 1.) IN LIGHT OF ALEXANDER HAMILTON 'S ASSERTED SEPARATION OF POWERS PRINCIPLES IN "THE FEDERALIST PAPES " NO. 78 AND 81, IS TRIAL PROCEDURAL JURISDI…
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?
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) once the director of a Bur…
21-8228 Angel Daniel Caraballo v. Ricky D. Dixon, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2022-06-24 Denied Response WaivedIFP competency-hearing criminal-procedure due-process evidentiary-standards habeas-corpus ineffective-assistance-of-counsel mental-health sworn-testimony Question (1) WHETHER DEFENDANT IS ENTITLED TO A COMPETENCY HEARING WHERE THE FACE OF THE COURT RECORD REFLECTS THAT THE STATE, DEFENSE COUNSEL AND THE…
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 The Fifth District Court of Appeal reversed and remanded this case for the trial court to determine whether it could conduct a hearing to determine Co…
21-7120 David John Telles, Jr. v. United States Ninth Circuit 2022-02-15 Denied Response WaivedIFP competency-hearing constitutional-rights due-process expert-testimony grooming-expert-testimony malingering mental-disorder mental-disorder-defense self-representation standard-of-review 1. What is the correct standard for reviewing denied motions for competency hearings, under 18 U.S.C. § 4241(a) and constitutional due process? Is rev…
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 Trial counsel in this case failed to investigate Mr. Israel's mental illness before his case was adjudicated. But Mr. Israel has been mentally ill for…
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 1. Did Powell make a substantial showing that he was entitled to a competency hearing under 28 U.S.C. § 2254(c)(2)? 2. Did Powell make a substantial …
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 I. WHETHER THE STATE COURT HAS DENIED PETITIONER KUSHAWN MILES-EL ANY RIGHT, PRIVILEGE OR IMMUNITY GUARANTEED HIM BY THE CONSTITUTION AND LAWS OF THE …
20-8233 Adam Paul Strege v. United States First Circuit 2021-06-07 Denied Response WaivedIFP civil-procedure civil-rights competency-hearing constitutional-rights due-process false-imprisonment free-speech judicial-review pro-se-representation standing is it legal fore all life and objects on Earth and other Planet God and everyone in Hell to spread the Plague and Corona Virus to Exterminate 100% of …
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 1) Should the Court reverse the Sixth Circuit's modified version of the three-factor legal test in Drope v. Missouri, because it adds a fourth factor,…
20-7729 Casey Rose v. United States Fifth Circuit 2021-04-13 Denied Response WaivedIFP competency-hearing confrontation-clause cooperating-witness cross-examination due-process impeachment indiana-v-edwards self-representation witness-impeachment Whether the termination of cross-examination of a cooperating with incentives to lie prior to being able to impeach the witness violated the confronta…
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 I. WAS COUNSEL'S ASSISTANCE RENDERED INEFFECTIVE BY HIM ALLOWING PETITIONER TO REJECT A FAVORABLE PLEA OFFER WHERE COUNSEL POSSESSED KNOWLEDGE THAT PE…
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 This petition presents the legal question in terms of what is minimally required to trigger a trial court's obligation to conduct a competency hearing…
20-5619 James Allen Minyard v. North Carolina North Carolina 2020-09-08 Denied Response RequestedResponse WaivedRelisted (2)IFP competency-hearing due-process fair-trial fourteenth-amendment harmless-error prejudice structural-error trial-rights There was a bona fide doubt as to Petitioner's competence to be tried, due to him becoming stuporous and non-responsive in the second day of his two-d…
20-5616 Zachary Knotts v. West Virginia West Virginia 2020-09-08 Denied Response WaivedIFP bench-trial competency-hearing constitutional-rights criminal-procedure double-jeopardy due-process indictment-disposition mental-competency proof-standard trial-jurisdiction If a defendant is indicted and found not competent to stand trial, is the court obligated to write a final order disposing of the case when the court …
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 CAN, a Defendant pursuant to Florida Rules of Criminal Procedure § 3.210 be proceeded against in a criminal proceeding where a question of Defendant '…
20-5468 Corey Manning v. Michigan Michigan 2020-08-24 Denied IFP competency-hearing competency-to-stand-trial constitutional-rights criminal-procedure critical-stages due-process fair-trial judicial-procedure right-to-be-present supreme-court-precedent trial-presence 1.) WHETHER DEFENDANT-APPELLANT WAS DENIED HIS CONSTITUTIONAL RIGHT TO BE PRESENT AT ALL CRITICAL STAGES OF TRIAL WHERE HE WAS INTENTIONALLY NOT SUMMO…
19-8247 John Wilson v. Florida Florida 2020-04-13 Denied IFP competency-hearing criminal-procedure defendant-rights due-process judicial-procedure mental-competency self-representation sixth-amendment trial-court trial-court-discretion WHETHER THE TRIAL COURT WAS OBLIGATED TO DETERMINE THE MENTAL COMPETENCY OF A DEFENDANT BEFORE GRANTING HIM THE RIGHT TO REPRESENT HIMSELF AT TRIAL IF…
19-7840 Victor Dewayne Jones v. Joe Errington Fifth Circuit 2020-03-02 Denied Response WaivedIFP civil-rights competency-hearing criminal-procedure due-process guilty-plea ineffective-assistance judicial-review mental-competency mental-evaluation post-conviction psychiatric-evaluation public-defender sentencing sentencing-petition trial-counsel whather Petitioner was denied his right to bue Process of Law where the pike counts Circuit court convicted Petitioner with out a Mental Evaluation an…
19-7674 Kyle K. Clark v. Kevin Lindsay, Warden Sixth Circuit 2020-02-14 Denied Response RequestedResponse WaivedRelisted (2)IFP competency-hearing criminal-procedure criminal-responsibility cronic-standard right-to-counsel sixth-amendment state-action united-states-v-cronic DID THE SIXTH CIRCUIT DEPART FROM THIS COURT'S PRIOR DECISIONS AND CREATE A CONFLICT WITH ITS OWN PRECEDENT AND A SPLIT WITH OTHER CIRCUITS REQUIRING …
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 The issue subsuming all other issues in this appeal is whether I. or not, Mr. Sean Trent Barnes, while incarcerated in pre-trial cus tody as a federal…
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 1. Did Brown have a Constitutional right to have a competency hearing before he plead guilty, where Brown was granted two (2) court orders for a menta…
18-8233 Calvin J. Reid v. United States Sixth Circuit 2019-03-05 Denied Response WaivedIFP §2255-motion 18-usc-4241 certificate-of-appealability circuit-split competency-hearing criminal-procedure criminal-procedure-appeal due-process ineffective-assistance mental-competency mental-illness right-to-counsel standards-of-review WHETHER THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT HAS ENTERED A DECISION IN CONFLICT WITH THE DECISION OF ANOTHER UNITED STATES COURT O…
18-8077 Donald Glenn Estes v. Renee Baker, Warden, et al. Ninth Circuit 2019-02-21 Denied Response WaivedIFP competency-hearing criminal-procedure due-process fifth-amendment fourteenth-amendment involuntary-confinement mental-competency mental-health-confinement prosecutorial-evidence right-to-remain-silent wainwright-v-greenfield 1. Whether this Court's Decisions in Wainwright v. Greenfield, 474 U.S. 284 (1996), and Buchanan v. Kentucky, 483 U.S. 402 (1987), Allow a Prosecutor …
18-7876 Jordie L. Callahan v. United States Sixth Circuit 2019-02-08 Denied Response WaivedRelisted (2)IFP 6th-amendment competency-hearing criminal-procedure criminal-proceedings direct-appeal due-process effective-assistance-counsel effective-assistance-of-counsel mental-capacity mental-competency mental-evaluation sixth-amendment Whether a Mentally Deficient Defendant is Entitled to a Competency Hearing or Mental Evaluation to Determine if the Defendant is in Fact Capable of As…
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 1. Due process requires the trial court to order a competency hearing whenever the uncontradicted evidence raises a doubt as to the defendant's compet…
18-7809 James Were v. Ohio Ohio 2019-02-07 Denied IFP buck-v-davis competency-hearing death-penalty death-penalty-eligibility eighth-amendment fourteenth-amendment intellectual-disability iq-scores racial-bias 1. Did the Supreme Court of Ohio violate the Eighth and Fourteenth Amendments when it refused to reopen Petitioner's direct appeal to consider evidenc…
18-7731 Anthony Ciavone v. Connie Horton, Warden Sixth Circuit 2019-02-04 Denied Response WaivedRelisted (2)IFP actual-innocence competency-hearing court-jurisdiction due-process evidence-fabrication fraud-on-court fraud-on-the-court judicial-fraud judicial-integrity jurisdictional-defects supervisory-power 1. Whether Supervisory Power of this Court is necessary to investigate and correct an extrinsic fraud upon the lower courts where irrefutable evidence…
18-7558 Brandon Lamar Hawkins v. Florida Florida 2019-01-24 Denied Response WaivedRelisted (2)IFP competency-hearing criminal-procedure criminal-procedure-competency criminal-sentencing due-process ineffective-assistance judicial-procedure mental-competency mental-health resentencing sentencing trial-court trial-court-discretion WHETHER PETITIONER IS ENTITLED TO DISCHARGE, NEW TRIAL, AND/OR RESENTENCING BASED ON THE TRIAL COURT FAILING TO CONDUCT A COMPETENCY HEARING AFTER IT …
18-7464 Carlton E. Gary v. Florida Florida 2019-01-16 Denied IFP competency-hearing criminal-procedure due-process evidentiary-standard expert-testimony expert-witness fundamental-error judicial-error prejudice violation witness-credibility witness-influence I). Dr. Merin, had not made contact with a witness to the Criminal charges. The Credibility of her report would have been considered proper. 2). Can …
18-7460 Clint Horvatt v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-01-16 Denied IFP adversarial-testing appeal change-of-venue civil-procedure competency-hearing criminal-acts criminal-procedure disciplinary-history due-process independent-act-doctrine ineffective-assistance involuntary-intoxication record standing trial-counsel trial-court In claim one and two, did the trial court fail to attach portions of the record. In claim 3(A), did trial counsel fail to investigate criminal acts a…
18-6917 Rodolfo Portela v. United States Eleventh Circuit 2018-12-04 Denied Response WaivedIFP appeal competency-hearing conspiracy controlled-substance controlled-substances criminal-procedure criminal-procedure-sentencing drug-conspiracy drug-trafficking evidence-suppression firearm-possession sentencing sentencing-guidelines sufficiency-of-evidence 1. Whether The District Court, Erred When It Found That There was Sufficient Evidence That the Appellant had Committed the Acts Alleged in Count I, Co…
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 WHETHER THE STATE ATTORNEY OFF…
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 Why Petitioner entitled to a Certificate of Appealability on the issue of Ineffective Assistance of Counsel based on Incompetence? Was the Petitioner…
18-5456 Gary Allen Kachina v. United States Eighth Circuit 2018-08-03 Denied Response WaivedIFP brady-v-maryland brady-violation competence competency-hearing criminal-procedure discovery discovery-violation discovery-violations due-process exculpatory-evidence mental-health mental-health-evaluation necessity-defense subpoena Did the Trial Court error in denying petitioner's motions for Discovery violations under BRADY v. MARYLAND and for refusal to enforce petitioner's cou…