David Tyrone Samuel v. W.A. Duncan, Warden James Gomez, Director Attorney General of the State of California

92 F.3d 1194 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David Tyrone SAMUEL, Petitioner-Appellant, v. W.A. DUNCAN, Warden; James Gomez, Director; Attorney General of the State of California, Respondents-Appellees. No. 95-56380. United States Court of Appeals, Ninth Circuit. Submitted July 8, 1996. * Decided July 22, 1996. 1 Before: FERNANDEZ and TASHIMA, Circuit Judges, and MERHIGE, ** District Judge. 2 MEMORANDUM *** 3 David Samuel appeals the district court's denial of his petition for a writ of habeas corpus. 28 U.S.C. § 2254 . Essentially, he asserts that the writ should have issued because the state trial court did not give him a competency hearing before he pled guilty. We affirm. 4 (1) We note that under the Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat. 1214, there is a one-year statute of limitations for commencing habeas corpus actions which seek review of state convictions. 28 U.S.C. § 2254 (d)(1). This action…