Michael P. McCormack v. Manfred F. Maass

73 F.3d 369 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael P. McCORMACK, Petitioner-Appellant, v. Manfred F. MAASS, Respondent-Appellee. No. 94-35867. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 17, 1995. Decided Dec. 22, 1995. Before: BROWNING, RYMER and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Since the parties are familiar with the facts, we need not recite them here. I. Competency to Stand Trial 3 A defendant is competent to stand trial if "he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding," and if "he has a rational as well as factual understanding of the proceedings against him." Dusky v. United States, 362 U.S. 402, 402 (1960). Four of the five mental health experts who examined McCormack determined that he had the capacity to understand the nature of the proceedings and had the capacity to aid and assist in his defense. The trial judge and attorneys had the…