United States Ninth Circuit

An incompetence to plead claim was exhausted and was therefore not procedurally defaulted, but the claim is rejected on the merits where no evidence was offered showing alleged incompetence. An ineffective assistance of counsel claim, regarding a psychiatric health insanity defense, is rejected.

Appellate Information

• Argued 03/08/2002
• Decided 12/20/2002
• Published 12/20/2002

Judges

• Before: B. FLETCHER, O'SCANNLAIN and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Bryan E. Lessley, Assistant Federal Public Defender, Eugene, Oregon, for the petitioner-appellant.


• For Appellees:
  
• Kathleen Cegla, Assistant Attorney General, and Janet A. Klapstein, Assistant Attorney General, Office of the Attorney General of the State of Oregon, Salem, Oregon, for the respondent-appellee.