Supreme Court of the United States · Official docket →
Brandon Michael Council v. United States
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 20-1, 21-8 · judgment August 9, 2023
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a Fourth Circuit decision below.
Question presented
In the middle of his federal death-penalty trial, Brandon Council had a delusional breakdown, asking his attorneys to “subpoena God.” The District Court determined that Council’s break with reality raised a bona fide doubt about Council’s competence, requiring the court to independently conduct “further inquiry” with “adequate” “procedures” to determine whether Council was, in fact, competent to stand trial. Drope v. Missouri, 420 U.S. 162, 180-181 (1975); Pate v. Robinson, 383 U.S. 375, 378 (1966); see also 18 U.S.C. § 4241(a) (requiring a “hearing” on competency). But the next trial day, after defense counsel handed up an eleven-line statement that Council understood the proceedings and could communicate with his lawyers, the court declared Council fit to continue. He was sentenced to death. The Fourth Circuit held that defense counsel’s handing up of the statement was an adequate competency “hearing.” It also held that deference to defense counsel was appropriate because the District Court had to “balance” Council’s “right to be tried only if competent” against “the right to effective assistance of counsel.” The questions presented are:
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Once a trial court has found a bona fide doubt about a defendant’s competence, may it deem the defendant competent based solely on the unexplained, unsupported opinion of a defense expert or defense counsel?
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Once a trial court has found a bona fide doubt about the defendant’s competence, may it defer to (i)
Counsel of record
For petitioner
Catherine Emily Stetson
Hogan Lovells US LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Oct 07 2024Motion for leave to file amicus brief filed by National Association for Public Defense GRANTED.
- Oct 07 2024Petition DENIED.
- Aug 14 2024DISTRIBUTED for Conference of 9/30/2024.
- Aug 13 2024Reply of petitioner Brandon Council filed. (Distributed)
- Jul 26 2024Brief of respondent United States in opposition filed.
- Jun 21 2024Motion to extend the time to file a response is granted and the time is further extended to and including July 26, 2024.
- Jun 20 2024Motion to extend the time to file a response from June 28, 2024 to July 26, 2024, submitted to The Clerk.
- May 24 2024Motion to extend the time to file a response is granted and the time is further extended to and including June 28, 2024.
- May 22 2024Motion to extend the time to file a response from May 31, 2024 to June 28, 2024, submitted to The Clerk.
- Apr 18 2024Motion to extend the time to file a response is granted and the time is further extended to and including May 31, 2024.
- Apr 16 2024Motion to extend the time to file a response from May 1, 2024 to May 31, 2024, submitted to The Clerk.
- Apr 01 2024Brief amici curiae of Mental Health Professionals filed.
- Apr 01 2024Motion for leave to file amicus brief filed by National Association for Public Defense.
- Mar 28 2024Motion to extend the time to file a response is granted and the time is extended to and including May 1, 2024.
- Mar 27 2024Motion to extend the time to file a response from April 1, 2024 to May 1, 2024, submitted to The Clerk.
- Feb 23 2024Petition for a writ of certiorari filed. (Response due April 1, 2024)
- Dec 15 2023Application (23A555) granted by The Chief Justice extending the time to file until February 23, 2024.
- Dec 13 2023Application (23A555) to extend the time to file a petition for a writ of certiorari from December 25, 2023 to February 23, 2024, submitted to The Chief Justice.