UPI en Español  |   UPI Asia  |   About UPI  |   My Account
Search:
Go

Court narrows stays of federal review

|
 
Published: Jan. 8, 2013 at 11:14 AM

WASHINGTON, Jan. 8 (UPI) -- The U.S. Supreme Court ruled unanimously Tuesday federal law doesn't allow an incompetent prisoner to suspend federal court review of his case.

Ernest Valencia Gonzales, a death row inmate in Arizona, sought federal "habeas" relief -- review of his case to determine if he is held legally. But his lawyer asked to stay the review, contending Gonzales' mental incompetence prevented him from rationally communicating with or assisting his lawyer. The attorney argued Gonzales was entitled to a stay because a federal appeals court precedent codified into federal law "requires a stay when a petitioner is adjudged incompetent."

Reversing a federal appeals court, the Supreme Court ruled the federal law "does not provide a state prisoner a right to suspension of his federal habeas proceedings when he is adjudged incompetent."

The opinion written by Justice Clarence Thomas said, "The assertion of such a right lacks any basis in the [law] provision's text. [The provision] guarantees federal habeas petitioners on death row the right to federally funded counsel ... and sets out various requirements that appointed counsel must meet .... but it does not direct district courts to stay proceedings when petitioners are found incompetent. The assertion is also difficult to square with the [Supreme] Court's constitutional precedents. If the Sixth Amendment right carried with it an implied right to competence, the right to competence at trial would flow from that amendment, not from the right to due process."

Topics: Justice Clarence Thomas
Recommended Stories
© 2013 United Press International, Inc. All Rights Reserved. Any reproduction, republication, redistribution and/or modification of any UPI content is expressly prohibited without UPI's prior written consent.

Order reprints
Join the conversation
Most Popular Collections
'Star Trek Into Darkness' screening NBC upfronts Met Ball 2013
'Great Gatsby' premieres in New York Spire raised on top of One WTC 2013: Celebrity break ups and divorces
Additional U.S. News Stories
1 of 18
Palestinian  Security Forces Patrol the Border With Egypt.
View Caption
A members of the Hamas security forces patrol the border area between Gaza and Egypt, in the southern Gaza Strip May 20, 2013. Egyptian police angered by the kidnapping of seven colleagues by Islamist gunmen kept a crossing into the Gaza Strip closed again for four days, stranding hundreds of Palestinian travellers, As Tunnels between Egypt and Gaza closed and border was declared as military zone. Palestinian security forces patrol around the border, witnesses said. UPI/Ismael Mohamad
fark
"Some problems may occur several days after the consumption of this product" - The waiver you have...
Photoshop this 7-minute workout
Who's the luckiest person in Florida? Even luckier than the Lotto ticket holder of the $590-million...
Would-be bank robber kicked out of bank, so he goes across the street to rob a CVS
Obama to deliver statement at 10am today regarding the Oklahoma Tornado. Will admit he only heard...
Big Candy is at it again. Suck it, haters