United States Ninth Circuit

In a capital trial, the uncontroverted allegation that trial and sentencing judge had a drug addiction and used drugs at the time of trial is sufficient to warrant an evidentiary hearing regarding whether defendant was denied the due process right to a competent tribunal.

Appellate Information

• Argued 03/22/2005
• Decided 10/12/2001
• Published 10/12/2001

Judges

• THOMAS, Circuit Judge:, Before: SCHROEDER, Chief Judge, and PREGERSON, REINHARDT, O'SCANNLAIN, HAWKINS, THOMAS, McKEOWN, WARDLAW, W. FLETCHER, FISHER, and RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Ken Murray and Leticia Marquez, Federal Public Defender's Office, Phoenix, AZ, for the petitioner-appellant.


• For Appellees:
  
• John Pressley Todd, Attorney General's Office, Phoenix, AZ, for the respondent-appellee.