Court rules on habeas corpus competency case

Jennifer Nelson
January 1, 2007
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The 7th Circuit Court of Appeals ruled in a case of first impression today regarding a prisoner's competency to continue on with habeas corpus proceedings. In its decision, the Circuit Court remanded to the District Court.

Circuit Judge Richard Posner wrote the court finds it odd to think that someone who initiates a habeas corpus proceeding can then later freeze it by claiming to be mentally incompetent. That is what Eric Holmes is claming in Eric D. Holmes v. Edwin G. Buss, 04-3549, 06-2905. Holmes has been sentenced to death for committing two murders in 1992.

Holmes filed two petitions for federal habeas corpus but later claimed he was not competent to assist his lawyer with the proceedings. District Judge Larry McKinney ruled in 2003 Holmes was competent after questioning him and denied habeas corpus relief. Holmes appealed, and in 2005 the 7th Circuit remanded to the District Court to determine Holmes' competency to proceed with the appeal because his counsel had said Holmes' mental condition had deteriorated since the April 2003 hearing. This time, Judge McKinney consulted two expert doctors and also questioned Holmes. Judge McKinney also denied Holmes' request that one of the doctors be made available for cross-examination; the appeal in the 7th Circuit then continued.

The 9th Circuit Court held that in a capital case a petitioner for federal habeas corpus must be competent to assist his counsel, and if not, the proceeding must be stayed, Rohan ex rel. Gates v. Woodford, 334 F.3d 803 (9th Cir. 2003). In a capital case, it makes sense a prisoner would seek to be proven to be incompetent after trial because an execution can be stayed until he is evaluated.

The state in this case argues there should be a higher standard for assessing incompetence after trial because the client's role in assisting his attorney in a post-conviction proceeding is more limited than if he is on trial; Holmes argues that the standard should be the same.

Judge Posner wrote the idea of creating different standards to determine competence is not a good idea. The competency test should include the litigant's particular mental condition and the nature of the decision that he must be competent to make.

Judge McKinney made his decision that Holmes was competent to assist his attorney in the appellate phase of habeas corpus proceedings based on what Holmes said at the hearings. Judge Posner wrote that the Circuit Court is puzzled that Judge McKinney didn't allow cross-examination the doctors who examined Holmes.

The case is remanded to the District Court to determine Holmes' competency.

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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.