United States Ninth Circuit

In a habeas corpus case, an order denying habeas petition is affirmed with the Court holding that: 1) previous findings of incompetency to stand trial do not give a petitioner the right to a hearing on his ability to have waived his Miranda rights where petitioner does not argue that waiver was made incompetently or unintelligently; and 2) petitioner's claim of ineffective assistance by counsel in sentencing fail where plaintiff fails to put forth any mitigating evidence ignored by counsel.

Appellate Information

• Argued 08/15/2007
• Decided 09/04/2008
• Published 09/04/2008

Judges

• O'SCANNLAIN, Circuit Judge:, Before:  DIARMUID F. O'SCANNLAIN, MICHAEL DALY HAWKINS, and KIM McLANE WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Paul G. Turner, Assistant Federal Public Defender, Las Vegas, NV, argued the cause for the petitioner-appellant and filed briefs;  Franny A. Forsman, Federal Public Defender and Danice Arbor Johnson, Research & Writing Specialist, Las Vegas, NV, were on the briefs.


• For Appellees:
  
• David Neidert, Senior Deputy Attorney General, Las Vegas, NV, argued the cause for the respondents-appellees;  Catherine Cortez Masto, Attorney General and Dennis C. Wilson, Deputy Attorney General, filed and were on the brief.