Clara M. Hess v. Steven MacAskill Director Women's Correctional Center

67 F.3d 307 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Clara M. HESS, Petitioner-Appellant, v. Steven MACASKILL, Director Women's Correctional Center, Respondent-Appellee. No. 94-35446. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 11, 1995. Decided Sept. 20, 1995. 1 Before: BEEZER and HAWKINS, Circuit Judges, and TEVRIZIAN, District Judge. 2 MEMORANDUM ** 3 Clara Mae Hess filed this petition for a writ of habeas corpus arguing that her Fifth and Sixth Amendment rights were violated. She argues that her Fifth Amendment rights were violated when the Montana State District Court ("state trial court") ordered her to submit to psychological and psychiatric evaluations. She also argues that she was denied her Sixth Amendment right to counsel because her counsel was not permitted in the room during the court-ordered evaluations. 4 The district court had jurisdiction under 28 U.S.C. Sec. 2254 and we have jurisdiction under 28 U.S.C. Sec. 1291 . The…