Allen R. Turk v. Alameda County Robert G. Borg, Warden, California, Folsom State Prison

Good Law
992 F.2d 1220·1993 WL 142088·1993 U.S. App. LEXIS 16329
United States Court of Appeals for the Ninth CircuitMay 5, 199392-15535California1,845 words

Opinion

Opinion

992 F.2d 1220 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Allen R. TURK, Plaintiff-Appellant, v. ALAMEDA COUNTY; Robert G. Borg, Warden, California, Folsom State Prison, Defendants-Appellees. No. 92-15535. United States Court of Appeals, Ninth Circuit. Submitted Dec. 17, 1992. * Decided May 5, 1993. Before NORRIS, BEEZER, and KLEINFELD, Circuit Judges. MEMORANDUM ** Allen Turk appeals pro se from the district court's denial of his habeas petition. In 1981, Turk was convicted of second degree murder, use of a deadly weapon, and violation of parole. In his habeas petition, Turk argues that (1) the trial court denied him due process by failing to hold a hearing to determine whether he was competent to stand trial; and (2) his counsel rendered ineffective assistance by failing to raise the competency issue on appeal. We reverse and remand. We review a trial court's denial of a competency hearing to see whether the evidence raised a bona fide doubt as to the defendant's…

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