David Tyrone Samuel v. Wayne Estelle, Warden, and John Van De Kamp, Attorney General of the State of California

961 F.2d 217 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David Tyrone SAMUEL, Petitioner-Appellant, v. Wayne ESTELLE, Warden, and John Van De Kamp, Attorney General of the State of California, Respondents-Appellees. No. 91-55216. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 6, 1992. Decided April 27, 1992. Before ALARCON, BEEZER and RYMER, Circuit Judges. 1 MEMORANDUM * 2 After a finding by the jury that David Samuel was competent, and following his conviction for first degree murder, the California Supreme Court reversed because there was insubstantial evidence to support the finding of competence. People v. Samuel, 629 P.2d 485 (Cal.1981). On remand, the trial court accepted a guilty plea to the first-degree murder charge without holding a competency hearing. Five years later, in 1989, Samuel filed a habeas petition in the California Supreme Court alleging that he had received ineffective assistance of counsel and that his guilty plea was…