On Point blog, page 1 of 1
Seventh Circuit retrospectively evaluates habeas petitioner’s competence at his 2006 trial; despite low IQ and mental illness, court denies due process and IAC claims.
Jacob Alan Powers v. Jon Noble, No. 24-2134, 3/25/25
The Seventh Circuit found that Jacob Powers was competent to stand trial in a Wisconsin court in 2006 for sexual assault of a child and child enticement. Although Powers’ IQ was in the borderline/mild mental retardation range; his trial testimony, trial counsel’s decision not to challenge his competency, and two experts’ findings that he was competent convinced the Court that he reasonably understood the charges against him, trial procedures, and could assist his lawyer in his defense. The Court therefore affirmed the district court’s order denying Powers’ petition for a writ of habeas corpus.
Habeas corpus – stay of proceeding due to petitioner’s incompetence
Ryan v. Gonzales, USSC No. 10-930; Tibbals v. Carter, USSC No. 11-218, 1/8/13
United States Supreme Court decision, reversing In re Gonzalez, 623 F.3d 1242 (9th Cir. 2010), and reversing and remanding Carter v. Bradshaw, 644 F.3d 329 (6th Cir. 2011)
These two cases present the question whether the incompetence of a state prisoner requires suspension of the prisoner’s federal habeas corpus proceedings.