ATKINS V. VIRGINIA

Brumfield v. Cain

Issues

Are indigent prisoners entitled to government funds to present new claims of mental incompetency in post-conviction proceedings in state court?

The Supreme Court will determine the extent to which indigent prisoners sitting on death row are entitled to government resources in order to present new claims of mental incompetency in post-conviction proceedings. Brumfield argues that the Louisiana state court violated federal law by interfering with his due process rights. In contrast, Cain argues that the state court did not violate any of Brumfield’s clearly established rights under federal law. This case raises questions about the extent to which federal courts may rely on states’ pre-Atkins proceedings to uphold death sentences imposed on prisoners now offering evidence that they were mentally incompetent. Determining this question implicates the extent to which a state’s quality or reliability of review should factor into the federal courts’ deference to the previous state court determination. This case will have implications for indigent prisoners sentenced to death prior to the Court’s decision in Atkins. 

Questions as Framed for the Court by the Parties

  1. Has a state court that considers the evidence presented at a petitioner’s penalty phase proceeding as determinative of the petitioner’s claim of mental retardation under Atkins v. Virginia, 536 U.S. 304 (2002), based its decision on an unreasonable determination of facts under 28 U.S.C. § 2254(d)(2)?
  2. Has a state court that denies funding to an indigent petitioner who has no other means of obtaining evidence of his mental retardation has denied petitioner his “opportunity to be heard,” contrary to Atkins and Ford v. Wainwright, 477 U.S. 399 (1986), and his constitutional right to be provided with “basic tools” for an adequate defense, contrary to Ake v. Oklahoma, 470 U.S. 69 (1985)?

This case arises from Kevan Brumfield’s 1993 conviction for the murder of a Baton Rouge police officer and an attempted armed robbery. See Brumfield v. Cain, 854 F. Supp. 2d 366, 371 (M.D. La. 2012). On January 5, 1993, Brumfield and an associate went to a self-described psychic counselor for a reading. See State of Louisiana ex rel. Cain v. Brumfield, 737 So. 2d 660, 662 (La.

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Acknowledgments

The authors would like to thank Professors Keir Weyble, Michael Dorf, and John Blume for their help.

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