Richard Gruber v. Jack Palmer

MEMORANDUM

Petitioner-Appellant Richard Lee Gruber, a Nevada state prisoner, appeals from the district court’s denial of his petition for a writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We agree with the analysis of the district court and affirm.

Because Gruber points to no clearly established Supreme Court law that requires a trial court judge to inquire about a defendant’s mental competency when presented with the information available to the trial court here and when counsel makes no such request, Gruber’s guilty-plea argument must be rejected. Furthermore, in light of the plea colloquy, the Nevada Supreme Court did not err in holding that Gruber had a “sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding” and “a rational as well as factual understanding of the proceedings against him.” Dusky v. United States, 362 U.S. 402, 402 , 80 S.Ct. 788 , 4 L.Ed.2d 824 (1960) (per curiam); see also Bills v. Clark, 628 F.3d 1092, 1099 (9th Cir.2010) (discussing Dusky standard generally and as applied to pretrial proceedings); Stanley v. Cullen, 633 F.3d 852, 860 (9th Cir.2011). Even if Gruber’s medical…