Thomas Gene Montague v. Kenneth W. Ducharme, Superintendent, Wsr

24 F.3d 247 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Thomas Gene MONTAGUE, Petitioner-Appellant, v. Kenneth W. DUCHARME, Superintendent, WSR, Respondent-Appellee. No. 93-35325. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 8, 1994. Decided May 11, 1994. Before: WRIGHT, TANG and REINHARDT, Circuit Judges. MEMORANDUM * Montague pleaded guilty in state court to robbery, rape and burglary. He received three consecutive 20-year terms. After exhausting state court remedies he filed a 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. 1 The district court denied the petition by summary judgment. Montague appeals. He claims an evidentiary hearing was necessary to determine whether he received ineffective assistance of counsel, and was incompetent to plead guilty. 2 Having jurisdiction under 28 U.S.C. Sec. 1291 we reverse and remand. We review de novo the denial of a petition for a writ of habeas corpus. Campbell v. Kincheloe, 829 F.2d…