A pro bono client will have an evidentiary hearing on claims that he was not competent to plead guilty to a firearms possession chargeand that his trial counsel rendered ineffective assistance by failing to seek a competency evaluation or hearing before he pled guilty, thanks to a Seventh Circuit decision on August 2, 2017. The client, Denny Anderson, suffered from a host of serious psychiatric disorders, including chronic schizophrenia. He pleaded guilty to a firearms possession charge. The district court accepted the plea and sentenced him despite his psychiatric problems, irregularly administered medical regimen, and unusual behavior in court.
Mr. Anderson moved for federal habeas relief under 28 U.S.C. s 2255 on the grounds that he was not competent to plead guilty and be sentenced and on the ground that his counsel was ineffective for failing to seek a competency evaluation and hearing. The district denied Mr. Anderson’s claims without an evidentiary hearing. In a published opinion, the Seventh Circuit unanimously reversed the district court, ruling in favor of the client, and remanding the case for a hearing on his claims. “Because the district court lacked a full picture of Anderson’s mental health, its finding that Anderson had the capacity to plead guilty rests on a flawed factual foundation that must be explored in a hearing,” Chief Judge Wood wrote in an opinion for the court.
The team representing Mr. Anderson included Partner Barry Levenstam and Associate Joshua M. Parker, who argued the appeal before the Seventh Circuit. Paralegal Mary Frances Patston provided invaluable assistance.