Brian Cook v. George Bachik, Superintendent, Oregon State Hospital

979 F.2d 854 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Brian COOK, Petitioner-Appellant, v. George BACHIK, Superintendent, Oregon State Hospital, Respondent-Appellee. No. 91-36051. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 7, 1992. Decided Nov. 17, 1992. 1 Before O'SCANNLAIN and RYMER, Circuit Judges, and ZILLY, * District Judge. 2 MEMORANDUM ** 3 Brian Cook appeals from the district court's dismissal of his Petition for Habeas Corpus relief. Cook is currently in custody at the Oregon State Hospital (OSH), held under the authority of the Oregon Psychiatric Security Review Board (PSRB). The district court found that Cook was competent to waive, and in fact did validly waive, his constitutional right to a jury trial when he agreed to a "Stipulation of Fact" stating that he committed various arson related crimes but that he suffered from a mental disease and lacked "substantial capacity to conform his conduct to the requirements of the…