Siravo

Siravo v. Gomez

Good Law
40 F. App'x 362
United States Court of Appeals for the Ninth CircuitApril 2, 2002No. 01-55590; D.C. No. CV 97-02744 WJRCalifornia1,022 words

Opinion

Lead Opinion

MEMORANDUM **

Michael J. Siravo, a California state prisoner, appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition. He contends that his due process rights were violated when the state trial court failed to determine sua sponte if there was doubt about his competency to stand trial and to order a hearing regarding his competency to stand trial. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 2253 , and we affirm.

Siravo’s habeas petition is subject to the provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) because his action was filed after the statute became effective on April 24, 1996. See Lockhart v. Terhune, 250 F.3d 1223, 1228 (9th Cir.2001). Therefore, habeas relief is available only if the state court’s adjudication: “(1) was 'contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court,’ or (2) “was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.’ ” Torres v. Prunty, 223 F.3d 1103, 1107 (9th Cir.2000) (quoting 28 U.S.C. § 2254 (d)(l)-(2)); see Williams v. Taylor, 529…

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