United States Tenth Circuit

When a prisoner appeals claiming he was incompetent to stand trial, he must rebut, by clear and convincing evidence, the jury's factual finding that he was competent to stand trial.

Appellate Information

• Decided 12/27/2001
• Published 12/27/2001

Judges

• MURPHY, Circuit Judge., Before TACHA, Chief Judge, SEYMOUR, EBEL, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Robert A. Nance of Riggs, Abney, Neal, Turpen, Orbison & Lewis (F. Andrew Fugitt, with him on the briefs), Oklahoma City, OK, for Petitioner-Appellant.


• For Appellees:
  
• David M. Brockman, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma, with him on the briefs), Oklahoma City, OK, for Respondent-Appellee.