Carter v. Bradshaw, No. 08-4377 (6th Cir. 2011)
Annotate this CaseDefendant, facing the death penalty, exhausted Ohio state review and was housed in a facility for prisoners with mental illnesses. He refused to meet with attorneys to discuss collateral appeal. They filed a habeas corpus petition and a motion for a pre-petition competency hearing, at which experts agreed that defendant suffered from schizophrenia, personality disorder, and hallucinations and could not fully communicate with counsel. Two years later, an expert informed the court that defendant’s condition was worse. The court dismissed the habeas petition without prejudice and prospectively tolled the limitations period indefinitely. The Sixth Circuit remanded, noting that the "right" to competence in habeas proceedings is not constitutional, but statutory. The district court acted within its discretion in holding a pre-petition hearing and concluding that defendant was incompetent, but erred in dismissing the petition and tolling the limitations period under the Antiterrorism and Effective Death Penalty Act. With respect to the ineffective assistance claims, habeas proceedings should be stayed until defendant is competent according to 18 U.S.C. 4241. The court must examine other claims to determine whether defendant’s assistance is essential to full and fair adjudication. If not, the court should appoint a next friend to litigate those claims.
The court issued a subsequent related opinion or order on April 18, 2013.
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