Clyde Raymond Spencer v. Joseph Klauser Christine O. Gregoire

70 F.3d 1280 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Clyde Raymond SPENCER, Petitioner-Appellant, v. Joseph KLAUSER; Christine O. Gregoire, Respondents-Appellees. No. 95-35113. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 14, 1995. Decided Nov. 30, 1995. 1 Before: BOOCHEVER, FERNANDEZ, and KLEINFELD, Circuit Judges 2 MEMORANDUM * 3 Clyde Ray Spencer appeals the denial of his petition for writ of habeas corpus, the grant of the state's motion for summary judgment, and the denial of his cross-motion for summary judgment, or alternatively, an evidentiary hearing. We affirm in part and reverse in part and remand for further proceedings. 1. Competence to Plead Guilty 4 a. Procedural due process 5 A competency hearing must be held if a reasonable judge has a bona fide doubt as to the defendant's competence at the change-of-plea hearing. Moran v. Godinez, 40 F.3d 1567, 1572 (9th Cir.), as amended on denial of reh'g, 57 F.3d 690 (9th Cir.1994),…