Michael Ray Lounsbury v. Frank S. Thompson

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

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.

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 mental hospital for a competency evaluation. Or.Rev.Stat. § 161.365. “Incapacity” may be found if, as a result of mental disease or defect, the defendant is unable:

Or.Rev.Stat. § 161.360(2).

At the first hearing, the defense presented two mental health experts whose opinions left the court in doubt. Following the recommendation of one of the experts, the court deferred determination of Louns-bury’s competency in order to ascertain whether anti-psychotic medication would improve Lounsbury’s ability to assist in his own defense. At a second hearing, on…