ANDERSON v. USA

ANDERSON v. USA

Petitioner:	DENNY RAY ANDERSON
Respondent:	USA
Case Number:	1:2013cv01734
Filed:	October 28, 2013
Court:	US District Court for the Southern District of Indiana
Office:	Indianapolis Office
Presiding Judge:	Mark J. Dinsmore
Presiding Judge:	Tanya Walton Pratt
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By:	None

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Date Filed	Document Text
December 19, 2018	Filing 111 ENTRY - GRANTING PETITIONER'S MOTION TO VACATE CONVICTION AND DIRECTING ENTRY OF FINAL JUDGMENT. To be clear, the Court declines to determine whether Anderson was in fact competent at the time he pled guilty and was sentenced. Instead, the C ourt's decision is based on the fact that this Court had bono fide reasons to doubt Anderson's competency and should have held a competency hearing before entering final judgment. Pate, 383 U.S. at 387 (discussing importance of a contemp oraneous competency hearing). Accordingly, Anderson's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 is GRANTED because his due process rights were violated. The Judgment in Case No. 1:11-cr-00201-TWP-TAB-1 is vacated and the case is reopened, subject to further proceedings. Judgment consistent with this Entry shall now issue. The United States shall have thirty (30) days from the date of this Entry in which to notify this Court of its intention t o prosecute Anderson. At that time, Anderson's present competency can be addressed. This outcome is consistent with the Supreme Court's view that there are inherent difficulties in making a nunc pro tunc determination of competency under the most favorable circumstances. The Clerk shall also enter this Entry on the docket in the underlying criminal action, Case No. 1:11-cr-00201-TWP-TAB-1. The Motion to Vacate filed in the underlying criminal action (Crim. Dkt. 82 ) shall also be terminated. (See Entry.) Signed by Judge Tanya Walton Pratt on 12/19/2018.(NAD) Modified on 12/19/2018 - Edited for administrative purposes (NAD).
June 16, 2015	Filing 20 ENTRY discussing motion for relief pursuant to 28:2255 and denying certificate of appealability. Signed by Judge Tanya Walton Pratt on 6/16/2015 (dist made)(CBU)

Date Filed

Document Text

December 19, 2018

Filing 111 ENTRY - GRANTING PETITIONER'S MOTION TO VACATE CONVICTION AND DIRECTING ENTRY OF FINAL JUDGMENT. To be clear, the Court declines to determine whether Anderson was in fact competent at the time he pled guilty and was sentenced. Instead, the C ourt's decision is based on the fact that this Court had bono fide reasons to doubt Anderson's competency and should have held a competency hearing before entering final judgment. Pate, 383 U.S. at 387 (discussing importance of a contemp oraneous competency hearing). Accordingly, Anderson's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 is GRANTED because his due process rights were violated. The Judgment in Case No. 1:11-cr-00201-TWP-TAB-1 is vacated and the case is reopened, subject to further proceedings. Judgment consistent with this Entry shall now issue. The United States shall have thirty (30) days from the date of this Entry in which to notify this Court of its intention t o prosecute Anderson. At that time, Anderson's present competency can be addressed. This outcome is consistent with the Supreme Court's view that there are inherent difficulties in making a nunc pro tunc determination of competency under the most favorable circumstances. The Clerk shall also enter this Entry on the docket in the underlying criminal action, Case No. 1:11-cr-00201-TWP-TAB-1. The Motion to Vacate filed in the underlying criminal action (Crim. Dkt. 82 ) shall also be terminated. (See Entry.) Signed by Judge Tanya Walton Pratt on 12/19/2018.(NAD) Modified on 12/19/2018 - Edited for administrative purposes (NAD).

June 16, 2015

Filing 20 ENTRY discussing motion for relief pursuant to 28:2255 and denying certificate of appealability. Signed by Judge Tanya Walton Pratt on 6/16/2015 (dist made)(CBU)

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Petitioner: DENNY RAY ANDERSON
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