United States Tenth Circuit

To prevail on a procedural competency claim after a trial in which a petitioner was found competent under an unconstitutional burden of proof, petitioner must establish that a reasonable judge should have had a bona fide doubt as to his competence at the time of trial.

Appellate Information

• Decided 04/11/2001
• Published 04/11/2001

Judges

• LUCERO, Circuit Judge., Before TACHA, Chief Judge, SEYMOUR, BALDOCK, BRORBY, EBEL, KELLY, BRISCOE, LUCERO and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Vicki Ruth Adams Werneke, Assistant Federal Public Defender, Oklahoma City, OK, for the Petitioner-Appellant.


• For Appellees:
  
• William L. Humes, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the brief), State of Oklahoma, Oklahoma City, OK, for Respondent-Appellee.