Miles

MEMORANDUM ***

In Miles v. Stainer, 108 F.3d 1109, 1113 (9th Cir.1997)(“Miles I”), this court held that a reasonable doubt existed as to Jimmy Lee Miles’ competency to stand trial because he had not been taking anti-psychotic medications for approximately six weeks before he entered his guilty plea and no one had examined him during that period. The Miles I court remanded the ease for a retrospective competency hearing. Id. Based on the testimony of two psychiatrists, Miles’ former counsel, the judge’s own observations, and the various records entered into evidence, the state court judge found that Miles had been competent when he entered his guilty plea in July of 1986. Miles now appeals the district court’s decision affirming the state court’s competency finding and denying his petition for a writ of habeas corpus.

Under former § 2254(d), which is applicable in this pre-AEDPA case, a state court’s findings of fact are entitled to a “presumption of correctness,” unless a statutory exception applies. Miles asserts that this panel should not apply the presumption of correctness here because: 1) the fact-finding procedure employed by the state court was not adequate to afford a…