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407 F.3d 1149

Docket No. 05-12333.

Centobie v. Campbell

Eleventh Circuit Court of Appeals

Decided April 27, 2005.

Eleventh Circuit Court of Appeals · decided 2005-04-27

2 counsel of record

Applies 28 U.S.C. § 2251 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Slack v. McDaniel · Whitmore v. Arkansas · Ford v. Wainwright

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 2005-04-27

How this case has been cited

Cited by 3 later decisions — most recently January 2020

2 federal appellate ·

10200520102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1*1150See also, 861 So.2d 1111 and 861 So.2d 1145.

¶2Katherine L. Puzone, Fed. Def., Montgomery, AL, for Petitioner-Appellant.

¶3Henry Mitchell Johnson, Beth Jackson Hughes, J. Clayton Crenshaw, Montgomery, AL, for Respondent-Appellee.

¶4Before TJOFLAT, BLACK and WILSON, Circuit Judges.

¶5PER CURIAM:

¶6Mario G. Centobie is under á sentence of death pursuant to a 1999 capital murder conviction. Execution of the sentence is scheduled for April 28, 2005. Centobie’s conviction and sentence were affirmed on direct appeal. See Centobie v. State, 861 So.2d 1111 (Ala.Crim.App.2001), aff'd, 861 So.2d 1145 (Ala.2003). Centobie did not file any state or federal collateral attacks on his conviction or sentence and declared that he wished to waive further legal proceedings. On April 22, 2005, Attorney *1151Katherine Puzone of the Federal Defenders of Alabama filed a “next friend” habeas petition in the United States District Court for the Northern District of Alabama.1 Puzone asserts that Centobie is suffering from a mental disease that renders him incompetent to be executed or waive his appeals. The State of Alabama moved to dismissed the petition. The district court held that Puzone does not have standing to proceed on Centobie’s behalf and dismissed the petition. Puzone appeals.

¶7Puzone needs a certificate of appealability (“COA”) in order to appeal the district court’s order. See Sanchez-Velasco v. Sec’y of Dep’t of Corr., 287 F.3d 1015, 1024-25 (11th Cir.2002) (noting that attorney seeking to proceed as “next friend” in habeas proceeding moved for COA). We may issue a COA only if the applicant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). This means the petitioner must show “reasonable jurists could debate” the district court’s resolution of the petition. Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 1603-04, 146 L.Ed.2d 542 (2000).

¶8We conclude that a COA is not warranted because Puzone lacks standing to litigate on Centobie’s behalf. In certain circumstances, a “next friend” has standing to proceed on a party’s behalf. However, “next friend” standing “is by no means granted automatically to whomever seeks to pursue an action on behalf of another.” Whitmore v. Arkansas, 495 U.S. 149, 163, 110 S.Ct, 1717, 1727, 109 L.Ed.2d 135 (1990); see also Hauser v. Moore, 223 F.3d 1316, 1322 (11th Cir.2000) (providing standard for determining “next friend” status). We. conclude that Puzone is not “truly dedicated to the best interests of the person on whose behalf [s]he seeks to litigate,” and she does not have “some significant relationship with the party in interest.” Hauser, 223 F.3d at 1322. Pu-zone has never represented Centobie and has no relationship to him outside of this matter. He vigorously opposes her efforts to extend legal proceedings. Their interests are thereof wholly divergent, ■ and their relationship is too attenuated to support “next friend” standing. See Sanchez-Velasco, 287 F.3d at 1029, Hauser, 223 F.3d at 1322.

¶9Additionally, we conclude that even if Puzone had standing to litigate on Centobie’s behalf; the issuance of a COA is not warranted because Puzone has not made a substantial showing of the denial of Centobie’s constitutional rights. She alleges that he is incompetent to be put to death. See Ford v. Wainwright, 477 U.S. 399, 410, 106 S.Ct. 2595, 2602, 91 L.Ed.2d 335 (1986) (holding that'the Eighth Amendment forbids the execution of a'legally insane prisoner); see also Weeks v. Jones, 52 F.3d 1559, 1565-69 (11th Cir.1995). However, she has not made a substantial showing that Centobie is in fact incompetent. Her evidence is speculative and inconclusive, and completely at odds with the conclusions of mental health professionals who have observed Centobie, including during a competency evaluation prior to trial. All reliable evidence leads to a conclusion that Centobie understands his legal options but has rationally chosen to accept execution.

¶10For these reasons, we deny a certificate of appealability, and deny a stay of execution.

¶11DENIED.

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