United States Ninth Circuit

Denial of a petition for habeas corpus is affirmed where: 1) the district court did not abuse its discretion by granting petitioner's motion for an extension of time to file his notice of appeal; 2) it is absolutely certain that the jury found beyond a reasonable doubt that petitioner was guilty of the charged offenses; and 3) the court declines to expand the Certificate of Appealability to consider petitioner's due process claim that the trial court was required to hold an evidentiary hearing to determine his competence.

Appellate Information

• Argued 04/14/2008
• Decided 02/10/2009
• Published 02/10/2009

Judges

• Before:  RONALD M. GOULD, RICHARD R. CLIFTON, and N. RANDY SMITH, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Barry L. Morris, Hayward, CA, for the petitioner-appellant.


• For Appellees:
  
• Mark Howell, Assistant Attorney General for the state of California, San Francisco, CA, for the respondent-appellee.