United States Ninth Circuit

In a murder prosecution, a denial of petitioner's habeas petition is reversed where the trial court's holding that petitioner was competent to stand trial, in light of the evidence before the trial court at the time of petitioner's 1998 trial, was an unreasonable determination of the facts and an unreasonable application of the Supreme Court's clearly established law in Pate and Drope.

Appellate Information

• Argued 12/10/2009
• Decided 05/20/2010
• Published 05/20/2010

Judges

• Before HARRY PREGERSON, JOHN T. NOONAN and RICHARD A. PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Patrick Morgan Ford, San Diego, CA, for plaintiff-appellant Clifton Wayne Maxwell.


• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General of California, Gary W. Schons, Senior Assistant Attorney General, Kevin Vienna, Supervising Deputy Attorney General, and Rhonda Cartwright-Ladendorf, Supervising Deputy Attorney General, San Diego, CA, for respondent-appellee Ernie Roe, Warden.