United States First Circuit
Rosenthal v. O'Brien, 11-2210
The district court properly denied defendant's habeas corpus petition challenging his Massachusetts murder conviction, where the district court correctly concluded that: 1) the motion judge's decision not to hold a competency hearing sua sponte was not an unreasonable application of federal law; 2) the motion judge reasonably concluded that defense counsel had no substantial reason to doubt defendant's competency and was not deficient for advising his client against participating in competency examinations on two occasions; 3) the motion's judge was not unreasonable in its determination of defendant's waiver of his right to testify; and 4) defendant's claim of ineffective assistance of appellate counsel fails.
Appellate Information
- Decided 04/15/2013
- Published 04/15/2013
Judges
- HOWARD
Court
- United States First Circuit