Milton Lewis v. Robert Ayers

Milton Otis Lewis was sentenced to death following California convictions for first-degree murder and other crimes. While seeking federal habeas relief, Lewis requested a stay of the proceedings on the ground that he was not competent at the time to assist counsel. We have previously held that a habeas petitioner in a capital case is entitled to such a stay if he is not presently competent and is raising a claim as to which he could potentially benefit if he could communicate rationally with his attorney. Rohan ex rel. Gates v. Woodford, 334 F.3d 803, 819 (9th Cir.), cert. denied, 540 U.S. 1069 , 124 S.Ct. 809 , 157 L.Ed.2d 732 (2003). Following an eviden-tiary hearing on Lewis’s competency, the district court denied the requested stay based on its determination that Lewis was competent to proceed.

Lewis seeks an immediate appeal of the competency determination or, in the alternative, mandamus relief. We conclude that we lack jurisdiction to review the competency determination at this time because it is not an immediately appealable order. We also conclude that mandamus relief is not appropriate. We thus dismiss the appeal and deny the petition for writ of mandamus.

I.…