Fitzpatrick v. Bradshaw, No. 09-4515 (6th Cir. 2013)
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In 2001 Fitzpatrick killed his girlfriend, her 12-year-old daughter, and a neighbor. There were questions about his mental health. A pretrial hearing was held because of Fitzpatrick’s confession to his cousin that the devil had made him commit the crimes. The court took no action, based on the statement of the lead investigator that officers had no concerns about competence. After opening statements, in a sidebar, defense counsel stated that Fitzpatrick had indicated his desire to plead guilty and that he recommended against such action. The trial court advised Fitzpatrick of its disinclination to accept a guilty plea. Fitzpatrick insisted that he did not want to wait or to “put his family through this.” When the judge disagreed, Fitzpatrick demanded to be taken out of the courtroom and reiterated that he wanted to stop the trial. Following some discussion of competency and inquiries directed to Fitzpatrick, the court accepted the plea. A panel sentenced him to death. Ohio courts affirmed the convictions and sentence, and denied post-conviction relief. The district court denied petition for habeas corpus under 28 U.S.C. 2254. The Sixth Circuit affirmed. Fitzpatrick’s statements did not give the trial court reason to believe that he did not understand the consequences of waiving a jury trial and pleading guilty. All three attorneys involved consistently represented that they thought that he was knowingly waiving his rights.
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