United States Ninth Circuit

In a pre-AEDPA case, grant of habeas corpus relief in a death penalty case is affirmed where: 1) there was substantial evidence, particularly by the time of sentencing, to suggest that petitioner's due process rights were violated when the state trial court failed to hold a hearing to determine whether he was competent to stand trial and be sentenced; and 2) this violation was not cured by a subsequent hearing thirteen years after trial.

Appellate Information

• Argued 03/21/2006
• Decided 08/21/2008
• Published 08/21/2008

Judges

• PREGERSON, Circuit Judge:, Before:  HARRY PREGERSON, W. FLETCHER, and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Gregory Kuykendall, Kuykendall & Associates;  Natman Schaye, Chandler & Udall, LLP, for the petitioner.


• For Appellees:
  
• Terry Goddard, Attorney General;  Kent E. Cattani, Chief Counsel, Capital Litigation Section;  Patricia A. Nigro, Assistant Attorney General, Arizona Attorney General's Office, for the respondent.