Marks
Marks v. Davis
Opinion
Lead Opinion
Honkoh, J.
DEATH PENALTY CASE
ORDER GRANTING RESPONDENT’S MOTION FOR SUMMARY JUDGMENT AS TO CLAIMS 2, 3, AND
INTRODUCTION
The instant case arises from Petitioner’s conviction and death sentence for crimes that occurred on October 17, 1990. On January 31, 1992, while awaiting trial, Petitioner moved under California Penal Code section 1368 to suspend the criminal proceedings against him in order to determine whether he was competent to stand trial. (AG000943-44, AG000946-47.) 2 On July 22, 1992, after a month-long trial, a jury found Petitioner competent to stand trial. (AG001257.) On January 21, 1994, three days before jury selection for his capital murder trial was set to begin, Petitioner filed a second motion to suspend the proceedings and determine his competency (AG011558, AG011563-64), which the trial judge denied three days later (AG011586-87). On March 28, 1994, during his trial, Petitioner filed a third motion to suspend the proceedings and have his competency evaluated. (AG014987-90.) The trial judge . again denied the motion. (AG015298.)
On April 13, 1994, Petitioner was convicted of two counts of first degree murder with personal use of a’firearm, and two counts of…