Supreme Court of the United States · Official docket →
Phillip R. Durachinsky v. United States
IFP petition · United States Court of Appeals for the Sixth Circuit, No. 23-4019 · judgment April 2, 2025
Certiorari denied · October 6, 2025
Question presented
Where defense counsel reasonably believes that their client may be incompetent, but the defendant disagrees, does the Sixth Amendment require a district court to appoint “special counsel” to advocate for the defendant’s position at any competency proceeding?
Counsel of record
For petitioner
Kevin Michael Schad
Office of the Federal Public Defender
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 06 2025Petition DENIED.
- Jul 17 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 10 2025Waiver of right of respondent United States to respond filed.
- Jun 30 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 1, 2025)