Petition for Writ of Certiorari — Clarence Wayne Dixon, Petitioner v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry

Supreme Court briefMay 11, 2022

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IN THE SUPREME COURT OF THE UNITED STATES

CLARENCE WAYNE DIXON, Petitioner,

vs.

STATE OF ARIZONA, Respondents.

PETITION FOR WRIT OF CERTIORARI TO

THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

PETITION FOR WRIT OF CERTIORARI

JON M. SANDS

Federal Public Defender

District of Arizona

Amanda C. Bass (AL Bar No. 1008H16R)

Counsel of Record

Assistant Federal Public Defender

850 West Adams Street, Suite 201

Phoenix, Arizona 85007

(602) 382-2816 voice

(602) 889-3960 facsimile

amanda_bass@fd.org

Counsel for Petitioner Dixon

CAPITAL CASE

QUESTIONS PRESENTED FOR REVIEW

The Eighth Amendment prohibits a State from executing a prisoner who is

insane. Ford v. Wainwright, 477 U.S. 399 (1986). After Ford, the Court clarified that

competency to be executed turns on a two-prong test, which requires consideration of

whether: (1) a prisoner suffers from a mental illness and (2) whether that illness

“obstructs a rational understanding of the State’s reason for his execution.” Panetti

v. Quarterman, 551 U.S. 930, 956–57 (2007).

(1) Does Panetti v. Quarterman, 551 U.S. 930 (2007) foreclose a schizophrenic

prisoner from demonstrating that non-bizarre delusions obstruct his rational

understanding of the State’s reason for his execution?

(2) Did the state court contravene and unreasonably apply Panetti v. Quarterman,

551 U.S. 930 (2007), when it failed to consider evidence of non-bizarre

delusions that qualify as “delusions” under the diagnostic criteria in assessing

whether a schizophrenic prisoner is mentally competent to be executed under

the Eighth Amendment?

i

PARTIES TO THE PROCEEDING

The parties to the proceeding are listed in the caption, supra. The petitioner is

not a corporation.

RELATED PROCEEDINGS

Clarence W. Dixon v. David Shinn et al., 16-99006 (9th Cir. May 10, 2022) (Order

Affirming Denial of Habeas Relief)

Clarence W. Dixon v. David Shinn, et al., CV-14-258-PHX-DJH (D. Ariz.

May 10, 2022) (Order Denying Habeas Relief)

State of Arizona v. Hon. Robert Carter Olson, CV-22-0117-SA (Ariz. May 9, 2022)

(Order Denying Special Action Jurisdiction)

State of Arizona v. Clarence W. Dixon, S1100CR202200692 (Pinal Cnty. Super. Ct.

May 3, 2022) (Order Finding Dixon Competent to be Executed)

ii

TABLE OF CONTENTS

QUESTION PRESENTED FOR REVIEW .................................................................... i

PARTIES TO THE PROCEEDING .............................................................................. ii

RELATED PROCEEDINGS.......................................................................................... ii

TABLE OF CONTENTS ............................................................................................... iii

APPENDIX.................................................................................................................... iv

TABLE OF AUTHORITIES .......................................................................................... v

PETITION FOR WRIT OF CERTIORARI ................................................................... 1

OPINIONS BELOW ...................................................................................................... 1

JURISDICTION............................................................................................................. 1

CONSTITUTIONAL PROVISIONS INVOLVED......................................................... 2

STATEMENT OF THE CASE ....................................................................................... 2

I.

Introduction.......................................................................................................... 3

II. Procedural History ............................................................................................... 6

III.

Relevant Facts .................................................................................................. 7

a. The evidentiary hearing ................................................................................... 7

b. The state court’s decision ............................................................................... 15

c. The federal court proceedings ........................................................................ 15

REASONS FOR GRANTING THE WRIT .................................................................. 16

I. Panetti does not foreclose a schizophrenic prisoner from demonstrating

that non-bizarre delusions obstruct his rational understanding of the State’s

reason for his execution ........................................................................................... 19

II. The state court contravened and unreasonably applied Panetti when it

failed to consider evidence of non-bizarre delusions that qualify as “delusions”

under the diagnostic criteria in assessing whether a schizophrenic prisoner is

mentally competent to be executed under the Eighth Amendment ...................... 21

III. The state court unreasonably determined Dixon’s competency to be

executed, when the court relied on Dixon’s intelligence, coherence, and

hypothetical relief to determine that Dixon did not prove his beliefs obstruct

his rational understanding of the State’s reason for his execution. ...................... 26

CONCLUSION............................................................................................................. 29

iii

APPENDIX

Order Denying Rehearing En Banc, Dixon v. Shinn, 22-99006

(9th Cir. May 10, 2022) .............................................................................................. A-1

Opinion Affirming District Court’s Judgment, Dixon v. Shinn,

22-99006 (9th Cir. May 10, 2022).............................................................................. A-2

Order Denying Habeas Relief, Dixon v. Shinn, CV-14-258-PHX-DJH

(D. Ariz. May 10, 2022) .............................................................................................. A-3

Order Declining to Accept Jurisdiction, State v. Olson, CV-22-0117-SA

(Ariz. May 9, 2022)..................................................................................................... A-4

Ruling that Defendant is Competent to be Executed,

State v. Dixon, S1100CR202200692 (Pinal Cnty. Super. Ct. May 3, 2022) ............. A-5

iv

TABLE OF AUTHORITIES

Federal Cases

Ford v. Wainwright,

477 U.S. 399 (1986) ....................................................................................... passim

Harrington v. Richter,

562 U.S. 86 (2011) ................................................................................................. 25

Panetti v. Quarterman,

551 U.S. 930 (2007) ....................................................................................... passim

Pirtle v. Morgan,

313 F.3d 1160 (9th Cir. 2002) ............................................................................... 18

Stewart v. Martinez-Villareal,

523 U.S. 637 (1998) ................................................................................................. 5

State Cases

Dixon v. Hon. Robert Carter Olson,

No. CV-22-0117 (Ariz. May 7, 2022) ..................................................................... 15

State v. Dixon,

250 P.3d 1174 (2011) ............................................................................................... 6

State v. Dixon,

No. CR-08-0025-AP (Ariz. Apr. 5, 2022) ................................................................. 6

State v. Dixon,

No. CR-13-0238-PC (Ariz. Feb. 11, 2014) ............................................................... 6

Federal Statutes

28 U.S.C. § 1254(1) ....................................................................................................... 2

28 U.S.C. § 2254(d)(1) ........................................................................................... 24, 25

28 U.S.C. § 2254(d)(2) ..................................................................................... 22, 24, 25

Anti-Terrorism and Effective Death Penalty Act § 2244(b) ........................................ 5

v

State Statutes

A.R.S. § 13-4022(I) a ................................................................................................... 15

Rules

Ariz. R. Crim. P. 31.23(c) .............................................................................................. 6

Rule 11 ........................................................................................................................ 10

Rule 26.5 ..................................................................................................................... 10

Constitutional Provisions

United States Constitution Eighth Amendment .............................................. passim

United States Constitution Fourteenth Amendment ................................................ 2

Other Authorities

Applying Panetti’s ....................................................................................................... 23

hearing under A.R.S. § 13-4022 ................................................................................... 7

State v. Dixon,

CR2002-019595 (Maricopa Cnty. Super. Ct. Jan. 24, 2008) .................................. 6

State v. Dixon,

CR2002-019595 (Maricopa Cnty. Super. Ct. Mar. 16, 2006) ................................. 6

State v. Dixon,

CR2002-019595 (Maricopa Cnty. Super. Ct. Nov. 26, 2002) ................................. 6

State v. Dixon,

CR2002-019595 (Maricopa Cnty. Super. Ct. Nov. 4, 2003) ................................... 6

vi

PETITION FOR WRIT OF CERTIORARI

Petitioner Clarence Wayne Dixon, now incarcerated on death row at the

Arizona State Prison Complex, in Florence, Arizona is scheduled to be executed at 10

a.m. on May 11, 2022. Dixon respectfully petitions this Court for a writ of certiorari

to review the judgment of the United States Court of Appeals for the Ninth Circuit

which affirmed the United States District Court for the District of Arizona’s denial of

his petition for writ of habeas corpus and motion for stay of execution.

OPINIONS BELOW

The Ninth Circuit’s Opinion affirming the denial of Dixon’s petition for writ of

habeas corpus is included in the Appendix at A-2. The Ninth Circuit’s Opinion

affirming the denial of Dixon’s motion for stay of execution is included in the

Appendix at A-2. The Order of the United States District Court denying Dixon’s

petition for writ of habeas corpus is included in the Appendix at A-3. The Order of the

United States District Court denying Dixon’s motion for stay of execution is included

in the Appendix at A-3. The decision of the Arizona Supreme Court declining

jurisdiction of Dixon’s Petition for Special Action, seeking review of the Pinal County

Superior Court’s May 3, 2022 Order finding him mentally competent to be executed

is included in the Appendix at A-4. The Pinal County Superior Court’s Order finding

Dixon competent to be executed is included in the Appendix at A-5.

JURISDICTION

On May 10, 2022, the Ninth Circuit affirmed the United States District Court’s

denial of Dixon’s petition for writ of habeas corpus and motion for stay of execution.

1

(A-2.) Dixon now timely files this Petition wherein he asks this Court to review the

judgment and order of the Ninth Circuit affirming the denial of habeas relief and

motion for stay of execution. This Court has jurisdiction over this matter pursuant to

28 U.S.C. § 1254(1).

CONSTITUTIONAL PROVISIONS INVOLVED

The Eighth Amendment to the United States Constitution provides:

Excessive bail shall not be required, nor excessive fines imposed,

nor cruel and unusual punishments inflicted.

The Fourteenth Amendment to the United States Constitution provides in

relevant part:

No state shall make or enforce any law which shall abridge the

privileges or immunities of citizens of the United States; nor shall

any state deprive any person of life, liberty, or property, without

due process of law; nor deny to any person within its jurisdiction

the equal protection of the laws.

STATEMENT OF THE CASE

This petition is brought by a capital defendant sentenced to death in Arizona

even though under this Court’s precedent he is incompetent to be executed. On May

11, 2022, the State seeks to execute Clarence Wayne Dixon, a 66-year-old Native

American man who has been incarcerated for over 40 years. Dixon has suffered from

untreated schizophrenia for most of his life. Dixon’s severe mental illness first

manifested itself at least a 45 years ago. It has infected every stage of his capital case.

While only Dixon’s present competency is before this Court, his well-documented

mental health history is relevant to the issue. A comprehensive recitation of these

facts will assist the Court in addressing the question at the heart of this case:

2

Whether the Pinal County Superior Court properly considered Dixon’s psychotic

beliefs about the reason for his punishment in its assessment of his competency for

execution.

I.

Introduction

Clarence Dixon is a 66-year-old legally blind man of Native American ancestry

who has long suffered from a psychotic disorder – paranoid schizophrenia. Previously,

an Arizona court determined that he was mentally incompetent and legally insane.

An Arizona Department of Corrections psychologist found that Dixon “operates on an

intuitive feeling level, with much less regard for rationality and hard facts,” and that

he is a “severely confused and disturbed prisoner.” (Hearing Ex. 5 at 1–2.)

For almost thirty years, Dixon has been unable to overcome his psychotically

driven belief that all levels of the state and federal judiciary, including members of

the Arizona Supreme Court, have conspired to deny him relief on a claim that the

Northern Arizona University (“NAU”) police department lacked authority to

investigate, arrest him, and collect his DNA in an unrelated 1985 criminal case. 1

Since 1991, Dixon has prepared an unending stream of pro se filings on this issue,

fired his lawyers in the capital murder case so that he could continue to pursue this

issue, and more recently has filed judicial complaints seeking disbarment of the

Arizona Supreme Court Justices based on his belief that they are involved in an

“extrajudicial killing, an illegal and immoral homicide created in the name [of] and

1 Dixon was never arrested by the NAU police and his DNA was collected by the

Arizona Department of Corrections.

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for the people of Arizona.” (Tr. 05/03/2022 a.m. at 86; see also Hearing Exhibits 25–

29, 32)

In Ford v. Wainwright, this Court held that “the Eighth Amendment prohibits

a State from carrying out a sentence of death upon a prisoner who is insane.” 477

U.S. 399, 409–10 (1986). In so holding the Court reasoned that it “is no less abhorrent

today than it has been for centuries to exact in penance the life of one whose mental

illness prevents him from comprehending the reasons for the penalty or its

implications.” Id. at 417.

The Court clarified Ford’s substantive incompetency standard in Panetti v.

Quarterman where it rejected “a strict test for competency [to be executed] that treats

delusional beliefs as irrelevant once the prisoner is aware the State has identified the

link between his crime and the punishment to be inflicted.” 551 U.S. 930, 960 (2007).

Repudiating a competency standard that focuses on a prisoner’s mere “awareness of

the State’s rationale for an execution,” id. at 959, the Court held that a prisoner must

also have a rational understanding of the State’s reason for his execution—that is, he

must be able to “comprehend[] the meaning and purpose of the punishment to which

he has been sentenced,” id. at 960 (emphasis added). Because Dixon does not have a

rational understanding of why he is being executed, the Eighth Amendment’s

prohibition against cruel and unusual punishment bars his execution and this Court’s

intervention is required.

This Court has clearly established that a petition for writ of habeas corpus

raising an Eighth Amendment claim of mental incompetency to be executed is unripe

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until an execution is imminent. See Panetti, 551 U.S. at 947 (“[W]e have confirmed

that claims of incompetency to be executed remain unripe at early stages of the

proceedings.”); Stewart v. Martinez-Villareal, 523 U.S. 637, 645 (1998) (competency

claim necessarily unripe until state issued warrant of execution). At issue in Panetti

was whether the restrictions on second or successive habeas petitions found in §

2244(b) of the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”) applied to

“a § 2254 application raising a Ford-based incompetency claim filed as soon as that

claim is ripe.” 551 U.S. at 945. This Court held that it does not. Id. at 947 (“The

statutory bar on ‘second or successive’ applications does not apply to a Ford claim

brought in an application filed when the claim is first ripe. Petitioner’s habeas

application was properly filed, and the District Court had jurisdiction to adjudicate

his claim.”).

In Panetti, following the Texas courts’ scheduling of the petitioner’s execution

date and denial of his mental incompetency claim, he “returned to federal court,

where he filed another petition for writ of habeas corpus pursuant to § 2254 and a

motion for stay of execution.” 551 U.S. at 938, 941. The United States District Court

for the Western District of Texas “granted petitioner’s motion[] . . . to stay his

execution[]” while it adjudicated the merits of Panetti’s habeas petition raising the

Eighth Amendment incompetency to be executed claim. Id. at 941. Dixon’s Petition

arrives to the federal district court in the very same procedural posture which

warranted a similar course of action.

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II.

Procedural History

Dixon was indicted on one count of first-degree murder of Deana Bowdoin and

one count of first-degree rape of Deana Bowdoin for offenses committed on January

7, 1978. Indictment, State v. Dixon, CR2002-019595 (Maricopa Cnty. Super. Ct. Nov.

26, 2002), Doc. 1. The trial court later dismissed the first-degree rape count based on

the running of the statute of limitations. Minute Entry, State v. Dixon, CR2002019595 (Maricopa Cnty. Super. Ct. Nov. 4, 2003), Doc. 78. At trial, Dixon fired his

appointed counsel and represented himself.2 Waiver of Counsel, State v. Dixon,

CR2002-019595 (Maricopa Cnty. Super. Ct. Mar. 16, 2006), Doc. 131. A jury found

Dixon guilty of first-degree murder and sentenced him death. Verdict, State v. Dixon,

CR2002-019595 (Maricopa Cnty. Super. Ct. Jan. 24, 2008), Doc. 354. The Arizona

Supreme Court denied Dixon’s direct appeal, State v. Dixon, 250 P.3d 1174 (2011),

and petition for review from the trial court’s dismissal of his petition for postconviction relief. Dixon’s federal habeas petition was likewise denied, Order, State v.

Dixon, No. CR-13-0238-PC (Ariz. Feb. 11, 2014).

On April 5, 2022, the Arizona Supreme Court issued a warrant of execution

scheduling Dixon’s execution date for May 11, 2022. Warrant of Execution, State v.

Dixon, No. CR-08-0025-AP (Ariz. Apr. 5, 2022); see also Ariz. R. Crim. P. 31.23(c). On

April 8, 2022, Dixon filed a Motion to Determine Mental Competency to be Executed

in the Pinal County Superior Court wherein he argued that expert evidence

established that he “is presently unable to form a rational understanding of the

2 No competency evaluation occurred at Dixon’s capital trial.

6

State’s reason for his execution rendering him incompetent to be executed[]” under

the Eighth Amendment to the U.S. Constitution. (Pinal ROA 44, Mot. to Determine

Competency at 4.) That same day, the Superior Court found that Dixon demonstrated

his entitlement to a hearing under A.R.S. § 13-4022, Ford v. Wainwright, 477 U.S.

399 (1986), and Panetti v. Quarterman, 551 U.S. 930 (2007), and scheduled that

hearing for May 3, 2022. (Pinal ROA 43.)

III.

Relevant Facts

a.

The evidentiary hearing

At the evidentiary hearing on May 3, 2022, Dixon presented the testimony of

Dr. Amezcua-Patino and introduced 30 exhibits in his case-in-chief. (Tr. 05/03/2022

a.m. at 18–88; Hearing Exs. 1–29, 32.) Dr. Amezcua-Patino testified that he has been

a licensed physician and, since 1988, has specialized in psychiatry. (Tr. 05/03/2022

a.m. at 18.) For the last 34 years Dr. Amezcua-Patino has maintained his clinical

psychiatric practice and has 37 years’ worth of experience diagnosing and treating

people with schizophrenia. (Tr. 05/03/2022 a.m. at 18, 22–23.) Dr. Amezcua-Patino

testified that half of his work has been in the impatient setting, and that he has

worked in “probably every single hospital in the Valley . . . including Arizona State

Hospital.” (Tr. 05/03/2022 a.m. at 18.) In 2012, and again in 2022, Dr. AmezcuaPatino diagnosed Dixon with paranoid schizophrenia. (Tr. 05/03/2022 a.m. at 36–37.)

Dr. Amezcua-Patino testified that Dixon clearly satisfied the diagnostic

criteria for a schizophrenic illness under the fifth edition of the Diagnostic and

Statistical Manual of Mental Disorders (“DSM-V”)—a psychotic illness which derives

7

from a thought disorder characterized by delusions, hallucinations, cognitive

symptoms, paranoia, and lack of emotionality. (Tr. 05/03/2022 a.m. at 30–32.) He

testified that people with schizophrenia are often intelligent and can “maintain a high

level of sophistication in their thinking.” (Tr. 05/03/2022 a.m. at 33.) In men, “[t]he

full-blown symptoms of schizophrenia usually get manifested in the late teens, early

20s” which, Dr. Amezcua-Patino testified, is when Dixon experienced the onset of that

psychotic disorder. (Tr. 05/03/2022 a.m. at 34, 42–43.)

Dr. Amezcua-Patino testified that Dixon, as a direct result of his schizophrenic

illness, experiences auditory, visual, and tactile hallucinations. (Tr. 05/03/2022 a.m.

at 59–60.) He also experiences “paranoia, meaning he’s distrustful and concerned

about what other people are trying to do to him[,]” and delusional grandiosity. (Tr.

05/03/2022 a.m. at 61, 69.) According to Dr. Amezcua-Patino, Dixon “feels that there

is a plot where the judicial system has to protect themselves from his claims because

his claims [related to the Northern Arizona University Police] will be terribly

embarrassing.” (Tr. 05/03/2022 a.m. at 61.) Dr. Amezcua-Patino testified about the

questioning techniques he employed with Dixon over the course of several in-person

evaluations designed to test the rigidity of his delusions:

. . . I had multiple – multitude of techniques in terms of empathic

understanding, empathic questioning, you know, paradoxical intention,

to try to get him to explain to me how it is that despite all of this evidence

that has been provided in front of him about, again, the irrationality of

his request, including from his attorneys, and ne always gets back to the

same point, which is, “They say that they want to kill me because

I killed someone. But I know that they want to kill me because

they don’t want to be embarrassed.”

Tr. 05/03/2022 a.m. at 62–63 (emphasis added).)

8

In order to evaluate Dixon’s mental competency for execution, Dr. AmezcuaPatino testified that he reviewed “about 5,100 pages of documents” that pre-dated

[Dixon’s] incarceration and contained “lifetime type of information.” (Tr. 05/03/2022

a.m. at 26.) That information reflected that “the issue of mental illness and

schizophrenia has been raised long before this last set of meetings with [Dixon].” (Tr.

05/03/2022 a.m. at 27.)

Dr. Amezcua-Patino testified that in order for a person to be mentally

competent to be executed “he needs to be able to not only understand that somebody

wants to kill him, but he needs to understand the reasons for that[,]” including the

societal interests in his execution. (Tr. 05/03/2022 a.m. at 36, 64.) “And he has to have

enough rationality to develop that understanding.” (Tr. 05/03/2022 a.m. at 36, 64.)

Dr. Amezcua-Patino testified that, in Dixon’s case, “in all the time that I’ve spent

with him, he has not been able to do that.” (Tr. 05/03/2022 a.m. at 64.) This is because,

Dr. Amezcua-Patino explained, when prompted to consider his impending execution,

Dixon “goes back to this same premise of: They’re afraid of me embarrassing them”

because of his claim against the NAU police. (Tr. 05/03/2022 a.m. at 64.) Dr. AmezcuaPatino testified that while “[t]here have been some different variations over the years

in terms of different wording to the same thing, and going into different explanations,

which is not unusual for people with delusional thinking[,]” the crux of Dixon’s

psychotic delusion “always go[es] back to the same [psychotic delusional] premise,

meaning: They want to execute me because they don’t want to be

embarrassed.” (Tr. 05/03/2022 a.m. at 64–65 (emphasis added).)

9

The superior court questioned Dr. Amezcua-Patino next. (Tr. 05/03/2022 p.m.

at 13–14.) The court asked Dr. Amezcua-Patino to explain how to reconcile Dixon’s

high intelligence and pro se writings which “seem to suggest, . . . ordered thought”

and “rationality,” with Dr. Amezcua-Patino’s opinion that he does not rationally

understand the State’s reasons for his execution. (Tr. 05/03/2022 p.m. at 13–14.) Dr.

Amezcua-Patino testified that it was important to view Dixon’s writings “in the

context of an illness[.]” (Tr. 05/03/2022 p.m. at 15.) “[T]he fact that he knows the law,

and the fact that he knows facts about the law, doesn’t mean that these conclusions

of law are rational[,]” Dr. Amezcua-Patino explained. (Tr. 05/03/2022 p.m. at 15.) He

added further that “there are a number of factors here so factual knowledge is not the

same as rational understanding.” (Tr. 05/03/2022 p.m. at 15.)

To rebut Dixon’s evidence, the State called Carlos Vega, Psy.D., and entered

two exhibits3 into evidence in rebuttal. (Tr. 05/03/2022 p.m. at 27–46.) In all, Dr.

Vega’s direct examination consisted of just twenty pages of transcript. (Tr. 05/03/2022

p.m. at 27–47.) Dr. Vega testified that he received his doctorate in psychology and

works primarily with the courts to conduct Rule 11 prescreens and competency

assessments pursuant to Rule 26.5 of Arizona’s Rules of Criminal Procedure. (Tr.

05/03/2022 p.m. at 27–29.) He stated that he has testified as an expert in the Pinal

County Superior Court in “[m]ostly in DCS cases.” (Tr. 05/03/2022 p.m. at 29.) Dr.

3 Those exhibits consisted of Dr. Vega’s report (Hearing Ex. 31) and CV (Hearing

Ex. 30).

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Vega testified that in that context, he generally interviews the subject of his

evaluation “one time.” (Tr. 05/03/2022 p.m. at 30.)

In Dixon’s case, Dr. Vega testified that he reviewed “a number of evaluations,

a number of court documents” and conducted a 70-minute evaluation of Dixon by

video. (Tr. 05/03/2022 p.m. at 32.) He testified that Dixon denied receiving

psychotropic medications and appeared to have “above average intellect.” (Tr.

05/03/2022 p.m. at 34–35.) They talked about politics and, according to Dr. Vega,

Dixon’s reference to President Biden as a “lukewarm leader” indicated that he “is

acutely aware of reality.” (Tr. 05/03/2022 p.m. at 36.) Dr. Vega testified that Dixon

said his DNA had been obtained illegally, he had no memory of the murder, and, in

response to a hypothetical question from Dr. Vega about “what if all of a sudden you

have a recollection that you did kill [the victim], and he said . . . you know, if I killed

her, if I have memories of killing her, on my way to execution, I would feel relief.” (Tr.

05/03/2022 p.m. at 39–40.)

Dr. Vega testified that Dixon could not be delusional because “in order for there

to exist, a delusion, in order for there to be a delusion, you it is impossible for it to

happen.” (Tr. 05/03/2022 p.m. at 42.) When asked by the State, “does what Dixon’s

specific diagnosis is, ultimately affect your opinion about whether he has a rational

understanding of the State’s reason for his execution?” Dr. Vega testified, without

hesitation, “Yeah, of course it does.” (Tr. 05/03/2022 p.m. at 43.) Dr. Vega stated he

diagnosed Dixon with “antisocial personality disorder[.]” (Tr. 05/03/2022 p.m. at 43.)

11

Dr. Vega testified that even if Dixon held the delusional belief about the courts

conspiring to reject his NAU claim in order to protect government actors from

embarrassment, he is nonetheless mentally competent to be executed based on factors

found insufficient in Panetti: because “it doesn’t affect the connection between I

murdered her or I don’t remember murdering her. I may have murdered her. And I

am being executed.” (Tr. 05/03/2022 p.m. at 44–45.) Ignoring the fact that Dixon’s

competency to represent himself was never evaluated pre-trial, Dr. Vega testified

further that Dixon’s mental competency for execution is supported by the fact that he

“was never found incompetent to represent himself.” (Tr. 05/03/2022 p.m. at 45.)

According to Dr. Vega, Dixon’s writings also reflect that he “is not delusional.” (Tr.

05/03/2022 p.m. at 46.)

On cross-examination, Dr. Vega admitted that he has never previously

evaluated a person’s mental competency for execution, (Tr. 05/03/2022 p.m. at 47) is

not a medical doctor and has no experience treating people with schizophrenia, (Tr.

05/03/2022 p.m. at 47–48) “did a little bit, very little” research into the standards for

assessing competency for execution, (Tr. 05/03/2022 p.m. at 101) and intentionally

destroyed the audio recording of his interview with Dixon (Tr. 05/03/2022 p.m. at 49.)

Dr. Vega testified that he found Dixon cognitively intact because “of motions

that he writes and stuff.]”4 (Tr. 05/03/2022 p.m. at 50.) When asked how that finding

could be reconciled with Dixon’s prior neuropsychological test scores showing

4 Dr. Vega later testified that he “didn’t read” and “just barely, you know, looked at”

Dixon’s writings. (Tr. 05/03/2022 p.m. at 93.)

12

“significant cognitive impairments[,]” Dr. Vega dissembled, claiming that because an

MRI of [Dr. Vega’s] own brain showed “significant” pathologies, validated

neuropsychological “test results . . . don’t say a lot to me.” (Tr. 05/03/2022 p.m. at 51.)

He then added “and of course I am not all completely there.” (Tr. 05/03/2022 p.m. at

51.) Then in an about-face, Dr. Vega reported finding that Dixon showed “cognitive

distortions.” (Tr. 05/03/2022 p.m. at 61–62.) Dr. Vega admitted that information

Dixon provided about his weight, reason for weight loss, and the number of days until

his execution were all incorrect (Tr. 05/03/2022 p.m. at 53–55) but denied that this

was evidence of confusion (Tr. 05/03/2022 p.m. at 56). He also admitted that

impending execution “may affect [Dixon’s] memory here and there.” (Tr. 05/03/2022

p.m. at 56.)

Dr. Vega agreed that Dixon’s “beliefs about his NAU argument and about why

it has been consistently denied is a fixed belief that is not amenable to change in light

of conflicting evidence[.]” (Tr. 05/03/2022 p.m. at 70.) This is the very definition of a

delusional belief incidental to a schizophrenia diagnosis in the DSM-V. (Hearing Ex.

36.) Defying reason and common sense, let alone professional diagnostic standards,

Dr. Vega insisted the DSM-V definition of delusional thinking was wrong and that

his own personal standard should be applied. Objecting to the DSM-V definition of

“delusion,” he claimed that only bizarre delusions qualify as “delusions” for a

schizophrenia diagnosis and the DSM-V failed to “define[] it correctly.” (Tr.

05/03/2022 p.m. at 70–77.) Eventually, Dr. Vega was forced to admit that: (1) Dixon

satisfied each and every one of the DSM-V criteria for a diagnosis of paranoid

13

schizophrenia; and (2) that this diagnosis squared with Dixon’s longstanding

documented history of that psychotic illness. Then, in total disregard of recognized

professional diagnostic standards, he denied that Dixon suffers from that psychotic

disorder. (Tr. 05/03/2022 p.m. at 77–85.) Dr. Vega topped it off with an assertion that

Dixon has antisocial personality disorder, and of course he made this diagnosis by

refusing to apply the DSM-V criteria for the diagnosis. (Tr. 05/03/2022 p.m. at 87–

91.)

Dr. Vega testified that his evaluation of Dixon’s competency to be executed

focused on assessing what transpired related to the murder and whether Dixon was

involved. (Tr. 05/03/2022 p.m. at 96.) He confirmed that the extent of his inquiry

consisted of asking Dixon whether he knew the murder victim, recalled the murder,

and Dixon’s statements that he would not be executed if he lived in a state without

the death penalty, did not recall the crime and could not bring the victim back, and

would feel relief if he were to hypothetically regain his memory. (Tr. 05/03/2022 p.m.

at 96–97.) With respect to the claim that Dixon expressed “relief” in response to Dr.

Vega’s hypothetical, Dr. Vega admitted that those were not Dixon’s exact words and

he asked no follow up questions. (Tr. 05/03/2022 p.m. at 98–100, 109–10.) Dr. Vega

also testified that he never asked Dixon the question “why do you believe that you

are being executed” because “I didn’t have to. I really didn’t have to ask him what he

believed. I mean it was – it was obvious.” (Tr. 05/03/2022 p.m. at 100–01.)

14

b.

The state court’s decision

The Pinal County Superior Court found that Dixon failed to prove either by a

preponderance or by clear and convincing evidence that he is mentally incompetent

to be executed under the Eighth Amendment to the U.S. Constitution. (Pinal ROA 8.)

The superior court held that the question of whether Dixon proved he lacks a rational

standing of the State’s rationale for his execution under a preponderance of the

evidence “is a much closer question.” (Pinal ROA 8.) Dixon received the complete

transcript of the hearing on May 5, 2022. On May 7, 2022, Dixon filed pursuant to

A.R.S. § 13-4022(I) a petition for special action review of the superior court’s denial

of his Ford claim in the Arizona Supreme Court. Petition for Special Action, Dixon v.

Hon. Robert Carter Olson, No. CV-22-0117 (Ariz. May 7, 2022). On May 9, 2022, the

Arizona Supreme Court declined jurisdiction over Dixon’s petition. Order, Dixon v.

Hon. Robert Carter Olson, No. CV-22-0117 (Ariz. May 9, 2022).

c.

The federal court proceedings

On May 10, 2022, the United State District Court for the District of Arizona

denied habeas corpus relief and denied a stay of execution. (Dist. Ct. ECF No. 97.)

The Ninth Circuit panel affirmed the district court’s denial of habeas corpus relief

and stay of execution. (Ninth Cir. ECF No. 15-1) The Ninth Circuit denied rehearing

en banc. (Ninth Cir. ECF Nos. 18, 19.)

This petition for writ of certiorari follows.

15

REASONS FOR GRANTING THE WRIT

In Ford v. Wainwright, this Court held that the Eighth Amendment prohibits

states from executing those who are mentally incompetent. 477 U.S. 399, 409–10

(1986). Subsequently, in Panetti v. Quarterman, the Court reaffirmed the basic

premise of Ford, noting that “today, no less than before, we may seriously question

the retributive value of executing a person who has no comprehension of why he has

been singled out and stripped of his fundamental right to life.” 551 U.S. 930, 957

(2007) (quoting Ford, 477 U.S. at 409–10). Ford and Panetti recognized that the

retributive purpose of capital punishment is called into question where an

individual’s mental state is so distorted “that his awareness of the crime and

punishment has little or no relation to the understanding of those concepts shared by

the community as a whole.” Panetti, 551 U.S. at 959.

In Panetti, this Court articulated a two-step test under the Eighth Amendment

for determining whether a person is mentally incompetent to be executed. That test

requires asking, first, whether a prisoner suffers from a mental illness; and second,

whether a prisoner’s mental illness “obstructs a rational understanding of the State’s

reason for his execution.” 551 U.S. at 956–57. The Court explained that where a

“prisoner’s mental state is so distorted by mental illness that his awareness of the

crime and punishment has little or no relation to the understanding of those concepts

shared by the community as a whole,” then the fundamental respect for humanity

underlying the Eighth Amendment bars his execution. Id. at 957–59.

16

Importantly, this Court in Panetti rejected an incompetency test predicated on

a prisoner’s awareness that he committed murder; his awareness that he will be

executed; and his awareness that “the reason the State has given for the execution is

his commission of the crimes in question.” Id. at 956. Such an awareness standard,

the Court held, is “too restrictive to afford a prisoner the protections granted by the

Eighth Amendment.” Id. at 956–58; see also id. at 959 (finding that a prisoner may

be incompetent even though he “can identify the stated reason for his execution,” and

stating that for purposes of determining competency to be executed, a prisoner’s

“awareness of the crime and punishment” is not merely a “prisoner’s awareness of

the State’s rationale for an execution,” but rather encompasses, at a minimum, “a

rational understanding of it[]”).

Application of the Panetti standard to the evidence and testimony in this case

clearly and convincingly establishes that Dixon is not competent to be executed. First,

the evidence unequivocally demonstrated, and the superior court found, that Dixon

suffers from a longstanding psychotic disorder—namely, paranoid schizophrenia.

(Pinal ROA 8 at 2.) Dr. Vega’s testimony to the contrary was indefensible and

bordered on making a mockery of the proceedings. He agreed the diagnostic criteria

for a psychotic illness are present, but idiosyncratically refused to apply them in

defiance of professionally recognized standards. (Tr. 05/03/2022 p.m. at 77–85.) He

then applied an antisocial personality diagnosis that was unsupported by requisite

diagnostic criteria. (Tr. 05/03/2022 p.m. at 87–91.)

17

Step two in Panetti asks whether a prisoner’s mental illness “obstructs a

rational understanding of the State’s reason for his execution.” 551 U.S. at 956–57.

Both Dr. Vega and Dr. Amezcua-Patino agreed that Dixon fixates on a belief

qualifying as “delusional” under the DSM-5 diagnostic criteria that all levels of the

judiciary are working together to deny his NAU claim, not because they believe it to

be legally incorrect, but because they believe it to be meritorious but deny it anyway

to protect state agencies from exposing “politically disastrous, [] dark embarrassment

that for many years a law enforcement entity has operated without statutory

authority.” (Tr. 05/03/2022 a.m. at 69–70; Tr. 05/03/2022 p.m. at 22, 78–79.) The only

question left for the superior court to resolve was whether Dixon’s fixation on that

delusional belief obstructs him from forming a rational understanding of the State’s

reasons for his execution. Panetti, 551 U.S. at 956 (“The legal inquiry concerns

whether these delusions can be said to render him incompetent.”). The superior court

failed to undertake that constitutionally mandated inquiry. See Pirtle v. Morgan, 313

F.3d 1160, 1167 (9th Cir. 2002) (“A decision is an ‘unreasonable application’ of

Supreme Court law if the state court identifies the correct legal standard but applies

it in an unreasonable manner to the facts before it.”).

Dr. Vega is unequivocally disqualified from credibly answering this question.

He engaged in a discreditable, arbitrary, and capricious diagnostic process, in

defiance of professional standards, to find Dixon does not suffer from a psychotic

disorder, when in fact, as the Superior Court found, Dixon does. (Pinal ROA 8 at 2.)

Dr. Vega is therefore in no position to address step two, the causation prong in the

18

Panetti analysis: whether Dixon’s serious mental illness impairs his rational

understanding of the State’s reasons for his execution.5 Only Dr. Amezcua-Patino is

able to reliably address this question. And he did.

Dr. Amezcua-Patino explained how Dixon’s paranoid schizophrenia and the

delusions that contaminate his thought process prevent him from understanding that

he is going to be executed as an expression of the State’s outrage at the murder he

was convicted of carrying out, and instead lead him to believe that government actors

“want to execute me because they don’t want to be embarrassed.” (Tr. 05/03/2022 a.m.

at 64–65.)

I.

Panetti does not foreclose a schizophrenic prisoner from

demonstrating that non-bizarre delusions obstruct his rational

understanding of the State’s reason for his execution

Panetti’s two-step test under the Eighth Amendment for determining whether

a person is mentally incompetent to be executed requires (1) a mental illness and (2)

that the mental illness obstruct a rational understanding of the State’s reason for his

execution. 551 U.S. at 956–57. To establish a mental illness in Panetti, the petitioner

proffered evidence that he suffered from a mental illness “indicative of schizoaffective disorder” that “result[ed] in a genuine delusion involving his understanding

of the reason for his execution.” Id. at 954. Under Panetti, regardless of the content

of the delusion, “the legal inquiry concerns whether these delusions can be said to

render [the Petitioner] incompetent.” Id. at 956.

Dr. Vega also testified that his ultimate opinion about whether Dixon has a

rational understanding of the State’s reasons for his execution is dependent on his

ASPD and non-diagnosis of schizophrenia, which the Superior Court made a factual

finding was incorrect. (Tr. 05/03/2022 p.m. at 43.)

5

19

Although the state’s experts in Panetti “resisted the conclusion that

petitioner’s stated beliefs were necessarily indicative of incompetency, particularly in

light of his perceived ability to understand certain concepts and, at times, to be clear

and lucid,” Panetti’s experts testified that this should be reconciled as follows:

Well, first, you have to understand that when somebody is

schizophrenic, it doesn’t diminish their cognitive ability. . . . Instead, you

have a situation where—and why we call schizophrenia thought

disorder[—]the logical integration and reality connection of their

thoughts are disrupted, so the stimulus comes in, and instead of being

analyzed and processed in a rational, logical, linear sort of way, it gets

scrambled up and it comes out in a tangential, circumstantial, symbolic

. . . not really relevant kind of way. That’s the essence of somebody being

schizophrenic[.]

Panetti, 551 U.S. at 955 (emphasis added). Thus, a delusion, stemming from

schizophrenia, may render a subject’s perception of reality distorted because, in

response to certain stimulus, a thought gets “scrambled up and it comes out in a

tangential, circumstantial, symbolic . . . not really relevant kind of way.” This

distortion is not dependent on its bizarre nature. Panetti, 551 U.S. at 954; compare

DSM-V at 87 (“Delusions are deemed bizarre if they are clearly implausible and not

understandable to same-culture peers and do not derive from ordinary life

experiences.”), with id. “delusions are fixed beliefs that are not amenable to change

in light of conflicting evidence.”

Panetti’s description of “severe” delusions or “gross” delusions is not a

characterization of the bizarre nature of the delusion, but commentary on the extent

to which those delusions scramble the thought process. The court must look to the

20

consequence of the delusion to determine its severity and impact on a person’s

rational understanding of the State’s reason for his execution.

II.

The state court contravened and unreasonably applied Panetti when

it failed to consider evidence of non-bizarre delusions that qualify as

“delusions” under the diagnostic criteria in assessing whether a

schizophrenic prisoner is mentally competent to be executed under

the Eighth Amendment

Although it acknowledged Panetti’s standard, the superior court contravened

and unreasonably applied it. (Pinal ROA 8 at 2–4.) The superior court found that

Dixon proved by clear and convincing evidence that he has paranoid schizophrenia.

(Pinal ROA 8 at 2.) However, it failed to consider the unrefuted medical evidence of

Dixon’s psychotic delusional thought process resulting therefrom as only “arguably

delusional” and merely reflective of Dixon’s “favored legal theory.” (Pinal ROA 8 at

2–3.) This was objectively unreasonable. Once the superior court determined Dixon

suffered from schizophrenia, by definition, it was required to also conclude that

Dixon, in fact, experiences delusional thinking attendant to that psychotic illness. See

Panetti, 551 U.S. at 955-56.

Both experts agreed that Dixon’s fixation on his belief that all levels of the

judiciary have conspired to deny his NAU claim not because it is legally incorrect, but

because it is meritorious but would cause grave embarrassment to state agencies

meets the DSM-5 definition of delusion. (Tr. 05/03/2022 at 70-71.) Dr. Vega however

testified that this belief is not a delusion because the DSM-5 definition of delusion is

21

wrong and “watered down,” compared to his own “40 years of working in this field.”6

(Tr. 05/03/2022 at 72, 77.) The superior court’s finding that Dixon did not establish

that he suffers from delusions ignores the uncontested testimony by both experts that

Dixon’s belief about why his NAU claim has been repeatedly denied meets the DSM5 definition for delusion. It demonstrates that the superior court relied on Dr. Vega’s

more restrictive personal definition of delusion, contravening generally accepted

medical definitions as described in the DSM-5. The superior court’s adoption of Dr.

Vega’s incorrect and unsubstantiated definition of “delusions” was objectively

unreasonable. See 28 U.S.C. § 2254(d)(2).

Dr. Amezcua-Patino has explained that, in the context of Dixon’s paranoid

schizophrenic thought disorder, his “unshakeable” belief that the judicial system and

actors in it have all conspired to wrongly deny his NAU claim to shield government

entities from embarrassment qualifies as a delusion under the diagnostic criteria and

prevents him from developing the rationality of thought necessary to understand the

meaning and purpose of his execution. (Tr. 05/03/2022 a.m. at 27–28; Hearing Ex.

36.) This evidence was not refuted by Dr. Vega, whose contrived opinions conflict with

generally accepted diagnostic criteria.7

6 As discussed previously, Dr. Vega also testified that is not a medical doctor, has no

experience diagnosing or treating schizophrenia, has no patients, and rarely sees

subjects more than once because his work is exclusively court-ordered evaluations.

Dr. Vega explained that he “do[es not] do any treatment at all” because he would

“probably go crazy if I did, so I just do the [evals].” (Tr. 05/03/2022 at 47.)

7 The superior court’s finding also disregarded points on which both experts agreed:

Dr. Vega conceded that Dixon’s “beliefs about his NAU argument and why it has

been consistently denied is a fixed belief that is not amenable to change in light of

conflicting evidence[,]” thus qualifying as a delusion under the DSM-V definition.

(Tr. 05/03/2022 p.m. at 70.) Dr. Vega even acknowledged that Dixon “could very well

22

Dixon’s “favored legal theory” begs the relevant question: whether that theory

is grounded in a serious mental illness which impairs Dixon’s rational understanding

of the reasons for his execution. Panetti required the superior court to focus on that

question.

The superior court should have assessed Dixon’s mental competency within the

framework of his schizophrenic illness and the psychotic delusions to which it

characteristically gives rise. Id. at 960 (“The beginning of doubt about competence in

a case like petitioner’s is not a misanthropic personality or an amoral character. It is

a psychotic disorder.”). Applying Panetti’s framework here, the superior court failed

to assess how Dixon’s favored legal theory is inextricably linked to his delusional,

psychotic-driven belief that “[t]hey say that they want to kill me because I killed

someone. But I know that they want to kill me because they don’t want to be

embarrassed” that the NAU police in 1985 acted without statutory jurisdiction by

arresting him in an unrelated criminal case, investigating, and collecting his DNA.

(Tr. 05/03/2022 a.m. at 62–65; see also Hearing Ex. 31, Vega Report at 6.) Under

Panetti, “the legal inquiry concerns whether these delusions can be said to render

[Dixon] incompetent.” Id. at 956. The evidence before the superior court shows it does,

and the similarities between Panetti’s and Dixon’s Ford claims cannot be ignored.

Panetti suffered from mental illness “indicative of schizo-affective disorder”

that “result[ed] in a genuine delusion involving his understanding of the reason for

have had delusional disorder” and “[a]bsolutely” be on the “schizophrenic

spectrum.” (Tr. 05/03/2022 p.m. at 65–66, 86.)

23

his execution.” Id. at 954. Like Dixon, Panetti believed that “the stated reason is a

sham.” Id. 954–55. Just as Panetti believed that “the State in truth wants to execute

him to stop him from preaching[,]” id., Dixon’s mental illness has had parallel effects.

He believes that “[t]hey say they want to kill me because I killed someone. But I know

that they want to kill me because they don’t want to be embarrassed” by his exposé–

–an exposé that is entirely constructed on his delusional belief––that the NAU police

acted without statutory jurisdiction. (Tr. 05/03/2022 a.m. at 62–63.)

The district court recognized that “[t]here is no doubt that Dixon’s ‘concept of

reality,’ is flawed by his delusional belief that the courts have denied relief on his

claimed legally valid NAU issue for reasons unrelated to its merits.” (A-3 at 22.)

However, the superior court ruled that Dixon had not demonstrated that he

experienced delusions, instead characterizing Dixon’s belief as “arguably delusional,”

or simply his belief of judicial “bias.” (A-5 at 3.) As the district court recognized “there

is no doubt” that Dixon holds a “delusional belief that the courts have denied relief

on his claimed legally valid NAU issue for reasons unrelated to its merits.” (A-3 at

22.) This finding demonstrates that the superior court’s contrary finding that Dixon

had not proved his beliefs are delusional is an unreasonable determination of facts.

See 28 U.S.C. § 2254(d)(2). It also demonstrates that the superior court failed to

consider the question of Dixon’s rational understanding within the context of the

symptoms of his mental illness, as required by Panetti. See 28 U.S.C. § 2254(d)(1).

The superior court’s adoption of Dr. Vega’s more restrictive personal definition of

delusion, contravening generally accepted medical definitions as outlined in the

24

DSM-5, was objectively unreasonable. No fair-minded jurist could disagree that the

superior court’s adoption of Dr. Vega’s diagnostically incorrect and unsubstantiated

definition of “delusions” was flatly unsupported by the record. 28 U.S.C. § 2254(d)(2).

Cf. Harrington v. Richter, 562 U.S. 86, 101 (2011) (“A state court’s determination that

a claim lacks merit precludes federal habeas relief so long as ‘fairminded jurists could

disagree’ on the correctness of the state court’s decision.” (quoting Yarborough v.

Alvarado, 541 U.S. 652, 664 (2004))).

Replicating the mistakes of the state’s experts in Panetti, the superior court

found that Dixon failed to demonstrate that he is mentally incompetent to be executed

by relying on statements from Dr. Amezcua-Patino’s interviews with Dixon reflecting

his awareness that the State seeks to execute him “for murder[,]” as well as indicia

of Dixon’s above-average intelligence and pro se writings that reflected

“sophistication, coheren[ce], and organized thinking, and fluent language skills[.]”

(Pinal ROA 8 at 4.)

In sum, the superior court contravened and unreasonably applied Panetti by

failing to consider as part of its competency inquiry evidence in the record before it

demonstrating that Dixon experiences delusions as a result of his paranoid

schizophrenic illness that prevent him from rationally understanding why he is being

executed. 28 U.S.C. § 2254(d)(1). The United States District Court and Ninth Circuit

panel erred when they concluded otherwise.

25

III.

The state court unreasonably determined Dixon’s competency to be

executed, when the court relied on Dixon’s intelligence, coherence,

and hypothetical relief to determine that Dixon did not prove his

beliefs obstruct his rational understanding of the State’s reason for

his execution.

The superior court found that Dixon proved both by a preponderance and clear

and convincing evidence “that [he] has a mental disorder or mental illness of

schizophrenia.” (Pinal ROA 8 at 2.) But with respect to whether Dixon’s psychotic

illness prevents him from rationally understanding the State’s reasons for his

execution, the superior court determined that the evidence presented at the hearing

was “conflicting and ambiguous.” (Pinal ROA 8 at 3.) Yet Dr. Amezcua-Patino is the

only expert who assessed Dixon’s mental competency under the appropriate

standard, and he testified unequivocally that Dixon lacks a rational understanding

of the meaning and purpose of his execution. (Tr. 05/03/2022 a.m. at 36, 64.) Dr.

Amezcua-Patino is also the only expert who asked Dixon why he believes he is being

executed. (Compare Tr. 05/03/2022 a.m. at 58–59, 62–63 (Dr. Amezcua-Patino

testifying about the various techniques he used to probe Dixon’s beliefs about his

execution), with Tr. 05/03/2022 p.m. at 100–01 (Dr. Vega testifying that he never

asked Dixon the question “why do you believe that you are being executed”).)

The superior court relied on evidence that Dixon made “reflective observations”

in prior writings, has high-average intelligence, and has “shown sophistication,

coherent and organized thinking, and fluent language skills in pleadings and motions

that he drafted” in order to “reject[]” the assertion that Dixon’s fixation over the NAU

26

issue “is dispositive” of the competency question. (Pinal ROA 8 at 3.) This was

objectively unreasonable.

The superior court’s reliance on indicia of intelligence to support its finding

that Dixon failed to demonstrate that he is mentally incompetent to be executed is

refuted by the medical evidence. Intelligence does not minimize the effect of a serious

psychotic illness such as paranoid schizophrenia. No evidence presented at the

hearing

shows otherwise. Dr. Amezcua-Patino testified that

people with

schizophrenia are often intelligent and can “maintain a high level of sophistication in

their thinking.” (Tr. 05/03/2022 a.m. at 33.) It is not counterintuitive: intelligence

does not relieve the sufferer of paranoid schizophrenia from auditory and visual

hallucinations or psychotic delusions. As Dr. Amezcua-Patino explained, Dixon’s

intellectual abilities must not be confused for mental competency because, as

someone with paranoid schizophrenia, Dixon’s writings are rooted in psychotic

delusions which have no basis in reality. (Tr. 05/03/2022 p.m. at 13–21.) Dixon’s

writings thus needed to be understood “in the context of an illness[.]” (Tr. 05/03/2022

p.m. at 15.)

It must follow from the above that there is nothing in the nature of “coherence”

and “sophistication” in writings driven by psychotic delusions. This is plainly evident

from nearly all Dixon’s writings but especially two handwritten letters from Dixon to

the Arizona Judicial Commission in April 2022 where he demands that the members

of the Arizona Supreme Court be disbarred based on purely conspiratorial and

delusional beliefs pertaining to his impending execution. (Tr. 05/03/2022 a.m. at 83–

27

89; Tr. 05/03/2022 p.m. at 94; Hearing Exs. 25–29.) There, Dixon embraced the

irrational belief that––no matter what the State’s stated rationale for his execution–

–his execution “will result in an extrajudicial killing that would merit disbarment of

those who are unconcerned with their unprofessional reason for being even after the

12th hour.” (Tr. 05/03/2022 p.m. at 117.) The evidence is clear and convincing: as a

result of his paranoid schizophrenic illness, Dixon “has had a consistent delusion for

a long time and that delusion can terminate his ability to be rational about what is

happening to him.” (Tr. 05/03/2022 p.m. at 20.)

Rather than rely on the uncontroverted medical evidence, the court deemed

“persuasive” Dr. Vega’s claim that Dixon said he would feel “relief” if he were to

hypothetically regain his memory. (Pinal ROA 8 at 4.) Such evidence is neither

persuasive nor relevant. Dixon’s hypothetical imaginary beliefs are not a substitute

for understanding Dixon’s real-time psychotically driven belief: that state officials

have conspired to unlawfully execute him to avoid embarrassment. Moreover, Dr.

Vega’s claim is undermined by his intentional destruction of this evidence and

defeated by his admission that those were not Dixon’s exact words, the context was

omitted, and he asked no follow up or clarifying questions. (Tr. 05/03/2022 p.m. at

98–100, 109–10.)

The superior court’s reliance on Dr. Vega’s observation that Dixon has a

rational understanding of the State’s reasons for his execution is also unreasonable

because Dr. Vega testified that Dixon’s “specific diagnosis [] ultimately affect[s his]

opinion about whether he has a rational understanding of the State’s reason for his

28

execution[]” (Tr. 05/03/2022 p.m. at 43), but the superior court found Dr. Vega’s nondiagnosis of schizophrenia erroneous (Pinal ROA 8 at 2). By Dr. Vega’s own

admission, if his non-diagnosis of schizophrenia was erroneous, then his related

opinion about whether Dixon rationally understands the State’s reasons for his

execution cannot be relied upon. (Tr. 05/03/2022 p.m. at 43.)

Furthermore, as explained above, Dr. Vega’s opinions were untethered from

diagnostic norms and bordered on the farcical. See Statement of the Case, supra. Dr.

Vega evaluated Dixon for only 70 minutes over video and openly admitted that he did

“very little” research into the standards for evaluating a person’s mental competency

to be executed, based his medically unfounded opinions substantially on Dixon’s

statements and, knowing that, intentionally destroyed the audio recording of Dixon’s

actual statements prior to the hearing. Dr. Vega also admitted that he never asked

Dixon why he believes he is being executed, capriciously refused to apply the DSM-V

diagnostic criteria for schizophrenia, delusions, and persecutory delusions, and failed

to apply the DSM-V diagnostic criteria to his own diagnosis of antisocial personality

disorder. See Statement of the Case, supra.

CONCLUSION

Dixon respectfully requests that this Court grant his petition for writ of

certiorari and reverse the order and judgment of the Ninth Circuit Court of Appeals

affirming the district court’s denial of his petition for writ of habeas corpus.

29

Respectfully submitted:

May 10, 2022.

JON M. SANDS

Federal Public Defender

District of Arizona

Amanda C. Bass

Counsel of Record

Assistant Federal Public Defender

850 West Adams Street, Suite 201

Phoenix, Arizona 85007

(602) 382-2816 voice

(602) 889-3960 facsimile

amanda_bass@fd.org

Counsel for Petitioner Dixon

s/ Amanda C. Bass

Counsel of Record

30

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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Petition for Writ of Certiorari — Clarence Wayne Dixon, Petitioner v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry | Frix