Raul Jose Fuentes v. James Gomez, Director

65 F.3d 174 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Raul Jose FUENTES, Petitioner-Appellant, v. James GOMEZ, Director, Respondent-Appellee. No. 94-17058. United States Court of Appeals, Ninth Circuit. Submitted Aug. 16, 1995. * Decided Aug. 23, 1995. Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 California prisoner, Raul Jose Fuentes, appeals pro se the denial of his habeas corpus petition brought under 28 U.S.C. Sec. 2254 challenging his 1976 conviction for murder. Fuentes contends that: 1) trial counsel was ineffective for failing to tender a compelling diminished capacity defense; 2) appellate counsel was ineffective for failing to raise trial counsel's ineffectiveness or present new evidence of Fuentes's diminished capacity; 3) the trial court failed to determine whether Fuentes was competent to stand trial; and 4) the prosecutor engaged in misconduct by supplying an expert witness with false information and by allowing an expert…