United States Ninth Circuit

In a second-degree murder prosecution, the denial of petitioner's habeas petition as untimely is affirmed where the record was amply developed, and it indicated that petitioner's mental incompetence was not so severe as to cause the untimely filing of his habeas petition, and thus the district court was not obligated to hold evidentiary hearings to further develop the factual record, notwithstanding his allegations of mental incompetence.

Appellate Information

• Decided 12/13/2010
• Published 12/13/2010

Judges

• Diarmuid F. O’Scannlain

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kurt David Hermansen, Michael C. Keller