| 25-5968 |
Mark Wheeler v. United States |
Eleventh Circuit |
2025-10-28 |
Dismissed |
Response RequestedResponse WaivedIFP |
constitutional-rights criminal-procedure defendant-rights due-process involuntary-commitment mental-competency |
Does the mandatory commitment of a permanently incompetent defendant solely to assess the possibility of restoring competency violate due process? |
| 25-5812 |
Michael Barreto v. United States |
Second Circuit |
2025-10-07 |
Pending |
Response RequestedResponse WaivedRelisted (2)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 … |
| 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, thereb… |
| 24-6164 |
Tahina Corcoran, as next friend on behalf of Joseph E. Corcoran v. Ron Neal, Warden |
Seventh Circuit |
2024-12-17 |
Denied |
IFP |
capital-punishment due-process execution-standards incompetency-claim mental-competency state-court-review |
May a state court dispose of an evidentiarily-supported incompetency to be executed claim under Ford v. Wainwright and Panetti v. Quarterman despite f… |
| 23-6993 |
Leon Akins v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2024-03-14 |
Denied |
IFP |
competency-evaluation criminal-procedure drope-v-missouri due-process dusky-v-united-states judicial-review mental-competency record-evidence trial-standards |
Whether the Eleventh Circuit Court of Appeals decision conflicts with this Court's decisions in Dusky v. United States, 362 U.S. 402 (1960) and Drope … |
| 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 |
Is the petitioner constitutionally entitled to a hearing upon the issue of his competency to stand trial |
| 23-6721 |
Jerry Scott Heidler v. Shawn Emmons, Warden |
Eleventh Circuit |
2024-02-12 |
Denied |
IFP |
actual-conflict-of-interest certificate-of-appealability eleventh-circuit habeas habeas-corpus martinez-v-ryan mental-competency mental-incompetence procedural-dismissal trial-counsel |
Whether the Eleventh Circuit imposed an erroneously high standard when it denied a COA to address the petitioner's claims |
| 23-6149 |
Gary Lynn Gatlin v. United States |
Fourth Circuit |
2023-12-01 |
Denied |
Response WaivedIFP |
4241-motion competency-evaluation criminal-procedure due-process intellectual-disability mental-competency mental-illness standards-of-review |
Should courts evaluate evidence supporting motions for competency evaluations differently when the claimed basis for incompetency is intellectual disa… |
| 23-6145 |
Daniel E. Salley v. United States |
Seventh Circuit |
2023-12-01 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process internal-revenue-service mental-competency mental-health-defense property-rights property-seizure statute-of-limitations tax-law treasury-offset-program |
Whether a college graduate and successful businessman owner of a small accounting firm, who prevailed in several audits at the Internal Revenue Servic… |
| 23-5628 |
Richard C. Duerson, as Next Friend of Jennifer McFarland v. United States |
Sixth Circuit |
2023-09-20 |
Denied |
Response WaivedIFP |
competency-standard constitutional-rights due-process equal-protection mental-capacity mental-competency next-friend next-friend-petition physical-competency standing |
What Constitutional Standards should be applied when a judge is tasked with determining the competency of a defendant with known physical and mental a… |
| 23-234 |
Nicholas Crystal v. Calvin Johnson, Warden, et al. |
Ninth Circuit |
2023-09-12 |
Denied |
Response Waived |
28-usc-2253 certificate-of-appealability due-process habeas-corpus mental-competency mental-deficiency ninth-circuit post-conviction |
Did the Ninth Circuit commit reversible error in denying a Certificate of Appealability to a mentally deficient appellant? |
| 23-5393 |
Shaun N. Taylor v. Illinois |
Illinois |
2023-08-18 |
Denied |
Response WaivedIFP |
ake-v-oklahoma criminal-procedure due-process expert-appointment expert-witness fourteenth-amendment indigent-defendant insanity-expert mental-competency mental-health right-to-counsel |
Do this Court's decisions in Ake v. Oklahoma and McWilliams v. Dunn require the appointment of a second insanity expert for an indigent defendant wher… |
| 23-5244 |
Johnny Johnson v. David Vandergriff, Warden |
Eighth Circuit |
2023-07-31 |
Denied |
IFP |
28-usc-2254 capital-punishment competency-to-be-executed death-penalty delusional-beliefs habeas-corpus mental-competency mental-illness panetti-standard state-court-review |
Whether the state court's finding that the petitioner did not meet the Panetti threshold for incompetence to be executed was unreasonable under 28 U.S… |
| 23-5243 |
Johnny Johnson v. David Vandergriff, Warden |
Missouri |
2023-07-31 |
Denied |
IFP |
capital-punishment due-process eighth-amendment evidentiary-hearing ford-v-wainwright habeas-corpus mental-competency panetti-v-quarterman procedural-fairness |
Whether a report from a qualified neuropsychiatrist that a condemned prisoner is incompetent for execution that is not contradicted by any qualified e… |
| 23-5205 |
Steven Lesane v. United States |
Second Circuit |
2023-07-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure district-court factual-basis guilty-plea ineffective-assistance ineffective-counsel mental-competency motion-to-withdraw plea-bargaining statutory-interpretation |
Whether the District Court abused its discretion in denying appellant's motion to withdraw guilty plea |
| 22-7785 |
Christopher Lewis Tucker v. United States |
Fourth Circuit |
2023-06-14 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process forcible-medication involuntary-medication judicial-discretion mental-competency mental-health pretrial-custody pretrial-detention sell-standard |
Whether a district court may order forcible medication under Sell v. United States when (1) record evidence shows that the government has already trie… |
| 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? |
| 22-7084 |
Christopher Daniel Lutker v. Michigan |
Michigan |
2023-03-23 |
Denied |
IFP |
criminal-procedure defendant-rights due-process guilty-plea involuntary-confession knowingly-voluntarily mental-competency plea-bargaining plea-withdrawal sentencing trial-court-discretion |
Whether the trial court abused its discretion in denying the defendant's motion to withdraw his guilty plea |
| 22-6960 |
James Jonathan Mitchell v. Florida |
Florida |
2023-03-08 |
Denied |
Response WaivedIFP |
cruel-and-unusual-punishment death-penalty due-process eighth-amendment habeas-corpus mental-competency |
Whether the Eighth Amendment's prohibition on cruel and unusual punishment prohibits the execution of a prisoner who is incompetent to understand the … |
| 22-6882 |
David Byron Russ v. Florida |
Florida |
2023-02-28 |
Denied |
IFP |
capital-defendant capital-punishment criminal-procedure death-penalty due-process federal-courts habeas-corpus mental-competency review-claim state-court state-courts substantive-incompetency |
Whether a state court may refuse to review a capital defendant's claim of substantive incompetency? |
| 22-727 |
Izzac Christopher Weister v. West Virginia |
West Virginia |
2023-02-03 |
Denied |
Response Waived |
competency-law constitutional-vagueness criminal-procedure due-process mental-competency psychiatric-custody statutory-interpretation vagueness violence violence-definition west-virginia |
Whether the West Virginia Supreme Court's definition of violence has rendered the West Virginia competency law impermissibly vague in violation of due… |
| 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? |
| 22-5244 |
Charles M. Torrence v. Hazel Peterson, Warden |
Tenth Circuit |
2022-08-01 |
Denied |
Response WaivedIFP |
constitutional-right criminal-procedure critical-stage due-process legal-representation mental-competency right-to-counsel sixth-amendment statewide-importance |
Whether a mental competency hearing is a critical stage of a criminal prosecution requiring representation by counsel under the Sixth Amendment |
| 22-5216 |
Ray Salazar v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-07-28 |
Denied |
Relisted (2)IFP |
constitutional-rights criminal-procedure due-process fourteenth-amendment ineffective-assistance ineffective-assistance-of-counsel investigation mental-competency sixth-amendment |
Did the trial counsel's failure to timely and adequately conduct an investigation into Salazar's known mental health issues constitute ineffective ass… |
| 21-7829 |
Clarence Wayne Dixon v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry |
Ninth Circuit |
2022-05-11 |
Denied |
IFP |
8th-amendment competency-to-be-executed eighth-amendment execution-standard mental-competency mental-illness non-bizarre-delusions panetti-precedent panetti-v-quarterman schizophrenia |
Does Panetti v. Quarterman foreclose a schizophrenic prisoner from demonstrating that non-bizarre delusions obstruct his rational understanding of the… |
| 21-7570 |
Vander Clayborne v. Pennsylvania |
Pennsylvania |
2022-04-07 |
Denied |
IFP |
criminal-procedure due-process guilty-plea juvenile-justice mental-capacity mental-competency miller-v-alabama parole sentencing |
Should this Court review the decision of the Pennsylvania Supreme Court to deny the Petitioner the right to have his unwarranted guilty plea looked in… |
| 21-7225 |
Milton Lattimore v. Illinois |
Illinois |
2022-02-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial guilty-plea judicial-discretion mental-competency special-conditions trial-fitness |
Whether a person who is fit to stand trial only with special conditions is denied due process when the trial court accepts a guilty plea entered witho… |
| 21-7015 |
Edward T. James v. Florida |
Florida |
2022-01-31 |
Denied |
IFP |
capital-defendant court-procedure criminal-procedure due-process habeas-corpus incompetency incompetency-claim mental-competency substantive-claim substantive-review |
Whether a court may refuse to review a capital defendant's substantive incompetency claim? |
| 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 |
| 21-6372 |
James Michael Bartley v. United States |
Ninth Circuit |
2021-11-22 |
Denied |
Response WaivedIFP |
2nd-amendment civil-rights competency-proceeding constitutional-challenge due-process gun-rights judicial-review mental-competency mental-illness right-to-bear-arms second-amendment standing |
Whether the government may deny a law-abiding citizen their right to bear arms under the Second Amendment based solely on a competency proceeding that… |
| 21-6241 |
Eric J. Turner v. Richard L. Broch |
Seventh Circuit |
2021-11-10 |
Denied |
IFP |
constitutional-rights criminal-procedure due-process federal-jurisdiction federal-rules-of-evidence habeas-corpus legal-competency mental-competency schizophrenia |
Whether the trial court failed to order a determination of the defendant's schizophrenia? |
| 21-6024 |
Dudley Allen Hicks v. Florida |
Florida |
2021-10-20 |
Denied |
Response WaivedIFP |
counsel-competence criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel mental-competency post-conviction-relief right-to-counsel sixth-amendment |
What kind of evidence and circumstances must be revealed for a criminal attorney to create a bona fide doubt as to his client's competence to require … |
| 21-5892 |
Lori Anna Massey v. Pierce County Sheriff's Department, et al. |
Ninth Circuit |
2021-10-05 |
Denied |
IFP |
civil-rights due-process legal-incompetency mental-competency mental-incapacity physical-disability statute-of-limitations time-extension tolling |
Should no time limit apply? |
| 21-5252 |
Jason Robert Twardzik v. North Carolina |
Fourth Circuit |
2021-07-29 |
Denied |
IFP |
civil-rights constitutional-violation due-process grand-jury habeas-corpus mental-competency pretrial-detention state-harassment |
Is it state harassment and is there potential for state harassment when a pretrial detainee cannot seek relief for insufficient grand jury minutes bec… |
| 20-8442 |
Luckner Pierre v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2021-06-28 |
Denied |
Response WaivedIFP |
access-to-court certificate-of-appealability civil-procedure due-process language-assistance language-barrier mental-competency miranda-rights procedural-due-process standing waiver-of-rights |
whether-the-u.s.-court-of-appeal-for-the-11th-circuit-denied-the-petitioner-his-procedural-due-process-right-and-access-to-court |
| 20-8135 |
Gregg McNamara v. Rob Bonta, Attorney General of California |
Ninth Circuit |
2021-05-25 |
Dismissed |
Response WaivedIFP |
coerced-confession constitutional-rights criminal-conviction criminal-procedure due-process guilty-plea habeas-corpus mental-competency mental-impairment sixth-amendment |
Whether a person convicted while suffering from severe mental impairment can invoke the Sixth Amendment right to know the nature and cause of the acti… |
| 20-7711 |
Scott Dwayne Chatman v. Iowa |
Iowa |
2021-04-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process incompetency incompetent-defendant iowa-court-of-appeals iowa-courts judicial-review mental-competency |
Did the Iowa court of appeals deny an incompetent defendant due process? |
| 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… |
| 20-7209 |
In Re Rodolfo A. Lopez, Jr. |
|
2021-02-23 |
Denied |
IFP |
civil-rights due-process habeas-corpus ineffective-assistance-of-counsel mental-competency speedy-trial |
Whether the petitioner's constitutional and statutory rights were violated |
| 20-7212 |
Kareem Davenport v. Illinois |
Illinois |
2021-02-23 |
Denied |
IFP |
constitutional-rights counsel-adequacy defendant-fitness due-process federal-jurisdiction federal-procedure ineffective-assistance-of-counsel mental-competency state-statute trial-court |
Can a defendant waive their right to file a motion to vacate due to being on the wrong medication that heavily sedates them? |
| 20-6916 |
Stephen M. Patterson, Jr. v. United States |
Sixth Circuit |
2021-01-22 |
Denied |
Response WaivedIFP |
6th-amendment civil-rights due-process edwards-standard indiana-v-edwards mental-competency self-representation sixth-amendment waiver-of-counsel |
Whether Edwards' heightened competency standards apply when a court grants a borderline competent and mentally ill defendant's request to represent hi… |
| 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… |
| 20-6410 |
Fareed Sepehry-Fard v. Court of Appeal of California, Sixth Appellate District, et al. |
California |
2020-11-24 |
Dismissed |
IFP |
civil-rights conspiracy due-process judicial-misconduct legal-conspiracy mental-competency money-laundering national-security power-of-attorney standing |
Whether lower courts should continue to allow international drug cartels, pedophiles, sex and human traffickers, and MS13 gangsters to use people's ho… |
| 20-701 |
James Calvert v. Texas |
Texas |
2020-11-20 |
Denied |
Relisted (6) |
capital-punishment capital-sentencing due-process eighth-amendment mental-competency right-to-counsel structural-error |
Whether the Constitution prevents a State from allowing a defendant to represent himself in a capital case when the defendant is mentally competent to… |
| 20-6324 |
Michael Christopher Laird v. United States |
Ninth Circuit |
2020-11-13 |
Denied |
Response WaivedIFP |
constitutional-rights due-process judicial-review mental-competency mental-deficiencies post-conviction post-conviction-proceedings procedural-fairness real-and-substantial-doubt |
Was petitioner denied his constitutional right to due process? |
| 20-6253 |
Sealed Appellant v. Sealed Appellee |
Fifth Circuit |
2020-11-09 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-4142 civil-rights criminal-procedure custody due-process federal-detention judicial-order mental-competency statutory-custody |
Whether continued custody under 18 U.S.C. § 4142 for almost four months beyond the expiration of an order to determine mental competency violates the … |
| 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 |
| 20-5616 |
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-defendant-not-competent-to-stand-trial |
| 19-8264 |
Paul M. Gordon v. Arkansas |
Arkansas |
2020-04-15 |
Denied |
Response WaivedIFP |
constitutional-rights constitutional-violation due-process fair-trial judicial-procedure legal-standard mental-competency mental-incompetency sentencing |
Is it a constitutional violation of due process to have been sentenced while mentally incompetent? |
| 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 |
Whether Petitioner was denied his right to due process of law |
| 19-7810 |
Dale W. Eaton v. Mike Pacheco, Warden |
Tenth Circuit |
2020-02-27 |
Denied |
Relisted (2)IFP |
28-usc-2254 cullen-v-pinholster federal-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-competency new-evidence state-court-adjudication strickland-standard strickland-v-washington |
Whether a state court has adjudicated the performance prong of a Strickland v. Washington claim on the merits within the meaning of 28 U.S.C. § 2254(d… |
| 19-7303 |
Michael W. Smith v. Illinois |
Illinois |
2020-01-16 |
Denied |
IFP |
civil-commitment civil-rights constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance-of-counsel mental-competency plea-agreement plea-bargaining sexually-violent-person sixth-amendment |
Does the Petitioner have a legal right to be admonished about indefinite involuntary civil commitment before accepting a plea agreement? |
| 19-6823 |
Michael Dean Gonzales v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-12-04 |
Denied |
Relisted (2)IFP |
brain-dysfunction certificate-of-appealability competency-to-stand-trial criminal-procedure drope-v-missouri due-process habeas-corpus mental-competency mental-illness pate-v-robinson procedural-bar state-waiver |
Whether the Texas Court of Criminal Appeals's waiver bar is an independent and adequate state procedural ground that forecloses federal habeas review |
| 19-6729 |
Cedric Gray v. United States |
Eleventh Circuit |
2019-11-22 |
Denied |
Response WaivedIFP |
5th-amendment civil-rights criminal-procedure due-process evidence-suppression ineffective-assistance-of-counsel judicial-discretion legal-standard mental-competency miranda-rights procedural-error sentencing suppression-hearing trial-rights |
Can my motion to suppress be denied even after I invoked my right to remain silent? |
| 19-6460 |
Daniel Paul Copple v. Pelicia Hall, Commissioner, Mississippi Department of Corrections |
Fifth Circuit |
2019-10-31 |
Denied |
Response WaivedIFP |
constitutional-standards discovery discovery-limitations dismissal-standards due-process evidence-preservation evidentiary-hearing habeas-corpus institutional-mental-health-records judicial-discretion mental-competency pro-se-defendant state-records |
Whether a defendant claiming mental incompetency should have the state court records reviewed prior to denying equitable tolling |
| 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… |
| 19-5839 |
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 |
| 19-5598 |
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… |
| 19-87 |
Jerome Burgess v. Phil Hall, Warden |
Georgia |
2019-07-17 |
Denied |
Response Waived |
appellate-counsel brady-v-maryland brady-violation criminal-appeal exculpatory-evidence georgia-supreme-court ineffective-assistance mental-competency plea-bargaining strickland-standard strickland-v-washington |
Did the Georgia Supreme Court err in failing to find that Petitioner's appellate counsel provided ineffective assistance? |
| 19-5171 |
Victor Hugo Saldano v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-07-16 |
Denied |
Amici (3)IFP |
biased-jury buck-v-davis certificate-of-appealability constitutional-claim death-penalty due-process future-dangerousness mental-competency racial-bias vagueness vagueness-doctrine |
Whether the Texas future-dangerousness special issue fails on vagueness grounds as applied to Mr. Saldajfio, as a statute incapable of reasoned applic… |
| 18-9497 |
Lloyd E. Austin, IV v. Bridgitte Amsberry |
Ninth Circuit |
2019-05-31 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process evidence ineffective-assistance-of-counsel mental-competency plea-bargaining post-conviction-relief prosecutorial-misconduct sentencing |
Why would the petitioner accept a plea agreement to the worst case scenario without being of sound mind? |
| 18-9255 |
Santosh Ram v. United States |
Eighth Circuit |
2019-05-14 |
Rehearing |
Response WaivedRelisted (2)IFP |
criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel involuntary-plea mental-competency mental-disease-defect plea-agreement plea-bargaining search-and-seizure sentencing sentencing-guidelines |
Whether there was violation of due process of law by the failure of the trial court to order the mental competency evaluation and/or conduct mental co… |
| 18-8984 |
Nathan Caetano v. Suzanne M. Peery, Warden |
Ninth Circuit |
2019-04-24 |
Denied |
Response WaivedIFP |
aedpa burden-of-proof civil-rights due-process habeas-corpus mental-competency mental-incompetence ninth-circuit-precedent ninth-circuit-test retrospective-competency-determination retrospective-determination state-action structural-error |
Whether a retrospective competency determination where mental incompetence is the impediment is permissible under AEDPA(4)(B) |
| 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? |
| 18-8233 |
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 Sixth Circuit Court of Appeals has misapplied the standards set forth in Miller-El v. Cockrell and Buck v. Davis |
| 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 |
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 to … |
| 18-7905 |
Christopher A. Hall v. United States |
Fourth Circuit |
2019-02-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indiana-v-edwards medical-condition medical-resuscitation medication mental-competency pro-se-representation self-representation |
Does a higher standard exist for measuring competency to represent oneself at trial, than for competency to stand trial |
| 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 |
| 18-7690 |
Thomas Phillip Bell v. Kiah Demarias Leigh, et al. |
Eighth Circuit |
2019-01-31 |
Denied |
Relisted (2)IFP |
civil-procedure civil-rights criminal-procedure due-process equal-protection judicial-review mental-competency record-correction sentencing standing |
Whether the court should consider the petitioner's case as seriously as other cases involving civil rights or due process violations |
| 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… |
| 18-7558 |
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 |
| 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)? |
| 18-6081 |
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? |
| 18-5481 |
John K. D. Watson v. Virginia |
Fourth Circuit |
2018-08-07 |
Denied |
IFP |
' 'colloquy" ' 'due-process" ' 'evidentiary-review' ' 'guilty-plea" ' 'ineffective-assistance-of-counsel" ' 'learning-disability" civil-rights criminal-procedure due-process mental-competency plea-bargaining sentencing |
Whether a defendant with a learning disability can be accepted a guilty plea without proper allocation, assistance of counsel, and a thorough colloquy… |
| 18-5295 |
Miguel Pedraza v. Julie L. Jones, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2018-07-20 |
Denied |
IFP |
28-usc-2253 appellate-procedure certificate-of-appealability constitutional-rights due-process eleventh-circuit habeas-corpus ineffective-assistance-of-counsel jurisdiction mental-competency procedural-default standard-of-review |
Whether the Eleventh Circuit erred in denying petitioner's certificate of appealability application based on the conclusion that he failed to make a s… |
| 25A577 |
Richard Barry Randolph v. Florida, et al. |
Florida |
|
Denied |
|
capital-punishment death-penalty eighth-amendment irreparable-harm mental-competency method-of-execution |
Whether the Eighth Amendment prohibits the execution of a death row inmate when substantial constitutional questions regarding the method of execution… |