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

91 F.3d 153 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. 95-35986. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 9, 1996. Decided July 24, 1996. Before: REAVLEY, * REINHARDT, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Petitioner, Thomas Montague, appeals the denial of his habeas petition. The district court concluded that Montague had not established ineffective assistance of counsel and that the trial court had not improperly failed to conduct a competency hearing. We affirm. 3 I. Montague's representation was not constitutionally deficient for failing to investigate possible mental state defenses or competency. 4 Counsel was not ineffective in failing to investigate Montague's competency. The medical reports do not indicate that Montague was incompetent to plead guilty or stand trial. While the evaluating psychiatrists were…