Date: 05-08-2024

Case Style:

Lacey Mark Sivak v. Jay Christensen

Case Number: 1:16-CV-189

Judge: B. Lynn Winmill

Court: United States District Court for the District of Idaho (Ada County)

Plaintiff's Attorney:

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Defendant's Attorney:

Description:

Boise, Idaho civil rights lawyer represented the Plaintiff seeking a Writ of Habeas Corpus.

Petitioner raised his incompetency claim in state court in a petition for postconviction relief. He argued that the prescription medications he was taking during trial and sentencing caused “mood alteration of petitioner, making him unable to understand and participate in the trial proceedings.” State's Lodging E-35 at 62. The trial court denied the claim, id. at 109-110, and the Idaho Supreme Court affirmed, Sivak v. State (Sivak II), 731 P.2d 192, 208-09 (Idaho 1986).

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A federal court may grant habeas corpus relief when it determines that the petitioner “is in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a). If the state court has adjudicated a claim on the merits, habeas relief is further limited by § 2254(d), as amended by the Anti-
terrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Under AEDPA, federal habeas relief must be denied unless the state court's adjudication of the petitioner's claim:

(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or

(2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.

28 U.S.C. § 2254(d)...

Outcome: Application for Writ denied.

Plaintiff's Experts:

Defendant's Experts:

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