United States Ninth Circuit

District court's grant of habeas corpus on ineffective assistance of counsel grounds is reversed, where: 1) even assuming that defendant' counsel should have requested a plenary competency hearing, defendant was not prejudiced because there was no reasonable probability that he would have been found incompetent to plead guilty; but 2) the district court did not err in denying defendant's request for discovery and a hearing on the subject of the trial judge’s mental competency at the re-sentencing hearing, at which defendant was sentenced to death.

Appellate Information

• Decided 06/03/2013
• Published 06/03/2013

Judges

• SILVERMAN

Court

• United States Ninth Circuit

Counsel