Mike Hernandez v. Eddie S. Ylst, Warden

We must determine whether a habeas petitioner’s federal constitutional rights were violated by a state court’s failure to hold a pre-trial competency hearing.

I

Petitioner Mike Hernandez was arrested following the shooting death on January 16, 1982, of a man who, at least in Hernandez’s mind, was having an affair with Hernandez’s wife. The evidence tying Hernandez to the killing was substantial. Witnesses observed Hernandez’s vehicle at the scene of the shooting, which was identified by the license plate number. The murder weapon was discovered on the very day of the slaying, buried on Hernandez’s in-laws’ property. Hernandez’s alibi was implausible.

At the request of Hernandez’s counsel, a hearing was scheduled for April 27, 1982, to determine Hernandez’s competency to stand trial. On the appointed day, however, Hernandez’s trial counsel declared that he did not believe a finding of incompetency was warranted. Thus, no incompetency hearing was held. Instead, Hernandez moved for a transfer from the San Luis Obispo County Jail, in which he had been incarcerated since his arrest, to the Santa Barbara County Jail. In support of the motion, Hernandez personally described for the…