United States ex rel. Gilbert Rivera v. Gayle Franzen (Rivera I)

594 F. Supp. 198 (1984)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

United States ex rel. Gilbert Rivera v. Gayle Franzen (Rivera I)

United States District Court for the Northern District of Illinois
594 F. Supp. 198 (1984)

Facts

Gilbert Rivera (plaintiff) filed a habeas suit in federal court against the director of the department of corrections, Gayle Franzen (defendant). Gilbert argued that his murder conviction was improper because his attorney, Lionel Livingston, provided ineffective assistance by failing to investigate or present an insanity defense. In Livingston’s 37-year career, Livingston handled hundreds of felony cases and had previously dealt with the insanity defense. Livingston was regularly referred cases by a law firm that would provide Livingston with an intake sheet and any other evidence obtained from clients upon referral. Gilbert’s father, Fabriciano Rivera, met with an attorney at the law firm and informed the attorney that Gilbert was in jail facing murder charges, had been represented at seven prior hearings by the public defender’s office, and that Gilbert’s next court date was in 36 days. Fabriciano did not inform the attorney about Gilbert’s mental health history. A few days later, Livingston obtained files from the law office and the public defender’s office. Livingston met with Gilbert at least 10 times, but at no point did Gilbert inform Livingston about Gilbert’s prior history with mental illness that included use of an antipsychotic drug, suicide attempts, and admissions at psychiatric hospitals. Livingston indicated that he would ask clients about psychological history when warranted but that because Gilbert appeared lucid, gave no indication of having a mental illness, and the files contained no information of Gilbert’s psychiatric history, Livingston did not inquire about Gilbert’s mental health, past hospitalizations, or his use of medications. Livingston never contacted any of Gilbert’s family members. Livingston did not present an insanity defense and only pursued self-defense, at Gilbert’s request.

Rule of Law

Issue

Holding and Reasoning (Hart, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership