dusky-standard
3 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 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… |
| 18-360 | Ronald Bergrin v. United States | Sixth Circuit | 2018-09-20 | Denied | Response Waived | competency-test conflicts-of-interest counsel-conflict criminal-investigation due-process due-process,criminal-procedure,competency,conflict dusky-standard dusky-v-united-states right-to-counsel stand-trial standard-of-review structural-error | Does the competency test established in Dusky v. United States permit a finding of incompetency based on the accused's unwillingness to assist counsel… |
| 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 … |