Legal Opinion

James Gomez v. Gerald A. Berge, Warden

Court of Appeals for the Seventh Circuit

Decided January 12, 2006No. 04-4051PublishedCited by 43 opinions

1Opinion of the Court

BAUER, Circuit Judge.

James Gomez was indicted in the state court on charges of first degree reckless homicide in connection with the death of his infant son. Gomez elected to represent himself, a course of action the court allowed after it determined Gomez was competent to act pro se. On the third day of trial, the judge reversed his decision, and determined that Gomez in fact lacked the capacity to conduct his own defense. A mistrial was declared. Gomez subsequently entered a plea of no contest, and was sentenced to a forty-year prison term. By petition for habeas corpus relief, Gomez now…

2Cases cited9 opinions

  1. Brady v. United StatesSupreme Court of the United States · 1970
  2. McMann v. RichardsonSupreme Court of the United States · 1970
  3. Tollett v. HendersonSupreme Court of the United States · 1973
  4. Menna v. New YorkSupreme Court of the United States · 1975
  5. Peretz v. United StatesSupreme Court of the United States · 1991

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3Cited by43 opinions

  1. Thomas Hurlow v. United StatesCourt of Appeals for the Seventh Circuit · 2013
  2. Gerald Werth v. Thomas BellCourt of Appeals for the Sixth Circuit · 2012
  3. United States v. AreCourt of Appeals for the Seventh Circuit · 2009
  4. United States v. StollerCourt of Appeals for the Seventh Circuit · 2016
  5. Burgess, Steven J. v. Watters, SteveCourt of Appeals for the Seventh Circuit · 2006

38 more not listed; retrieve them via the Exa API.

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