Michael Ray Lounsbury v. Frank S. Thompson

340 F.3d 998 Michael Ray Lounsbury, Petitioner-Appellant, v. Frank S. Thompson, Respondent-Appellee. No. 02-35863. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 8, 2003 — Portland, Oregon. Filed August 22, 2003. Christopher Schatz, Assistant Federal Public Defender, Portland, Oregon, for the petitioner-appellant. Timothy Sylwester, Assistant Attorney General, Salem, Oregon, for the respondent-appellee. Before: Alfred T. Goodwin, Procter Hug, Jr., and Marsha S. Berzon, Circuit Judges. OPINION GOODWIN, Circuit Judge. 1 Michael Lounsbury appeals the denial of his habeas petition, which alleges substantive and procedural errors affecting the determination of his competency to stand trial. BACKGROUND 2 In December 1991, Lounsbury was indicted on 11 counts of aggravated murder for killing Adrienne Thomas in Portland, Oregon. The state trial court held three hearings to determine whether Lounsbury was mentally fit to stand trial. 3 Under Oregon law, if a court "has reason to doubt the defendant's fitness to proceed by reason of incapacity," the court may order an examination by a psychiatrist or a psychologist, and may commit the defendant to a state…