Keenan

MEMORANDUM *

Maurice Keenan appeals the portions of the district court’s order granting summary judgment to the defendants on his habeas corpus petition. Keenan’s habeas corpus petition was filed before the effective date of the AEDPA and the AEDPA does not apply to this case. In its order, the district court found that Keenan was mentally competent at the time he was tried in 1982 and 1983. The court’s competency determination defeated Keenan’s ineffective assistance of counsel claim, inadequate waiver of the conflict of interest claim, and the claim that the trial court had a duty to hold a competency hearing sua sponte. The district court’s factual finding that Keenan was competent to stand trial is reviewed for clear error. United States v. Timbana, 222 F.3d 688, 700 (9th Cir.2000).

On this record there is no clear error in finding that Keenan was mentally competent at the time of the trial. All three trial attorneys testified that they knew the legal standards for mental capacity and would have raised the issue with the trial judge if they believed Keenan was incompetent. At the time of the trial Dr. Benson and Dr. Pierce both examined Keenan and neither raised the issue of…