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Ronald Bergrin v. United States

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 16-4240 · judgment March 16, 2018


Certiorari denied · October 29, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Does the competency test established in Dusky v. United States, 362 U.S. 402 (1960), permit a finding of incompetency to stand trial based on the accused's unwillingness to assist appointed counsel if counsel had previously been disqualified from representing the accused as a result of counsel engaging in Actual Conflicts of Interest and is under FBI criminal investigation? Does the clear error standard of review apply on appeal from an incompetency decision or must an appellate court employ a more robust standard of review of structural error in the denial of the accused's right to trial? Should the court of appeals have denied an appeal of a defendant who was adjudged Incompetent to Stand Trial if the defendant's CJA counsel refused to subpoena and present the defendant's competency reports, which competency reports state that defendant is Competent to Stand Trial? (i)

Counsel of record

For petitioner
Ronald Bergrin

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Linked docket
17A1333

Proceedings

  1. Oct 29 2018
    Petition DENIED.
  2. Oct 10 2018
    DISTRIBUTED for Conference of 10/26/2018.
  3. Oct 01 2018
    Waiver of United States of right to respond not accepted for filing. (October 02, 2018)
  4. Oct 01 2018
    Waiver of right of respondent United States to respond filed.
  5. Aug 13 2018
    Petition for a writ of certiorari filed. (Response due October 22, 2018)
  6. Jun 28 2018
    Application (17A1333) granted by Justice Kagan extending the time to file until August 12, 2018.
  7. Jun 25 2018
    Application (17A1333) to extend further the time from July 13, 2018 to August 12, 2018, submitted to Justice Kagan.
  8. Jun 01 2018
    Application (17A1333) granted by Justice Kagan extending the time to file until July 13, 2018.
  9. May 25 2018
    Application (17A1333) to extend the time to file a petition for a writ of certiorari from June 14, 2018 to July 13, 2018, submitted to Justice Kagan.