ILNews

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. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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