Mattix

MEMORANDUM **

Kenneth Mattix appeals from the district court’s order denying his application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Mr. Mattix argues that he was deprived of effective assistance of counsel at his criminal trial in Oregon state court because his trial counsel failed to conduct an adequate investigation regarding whether he was competent to stand trial and to waive his right to trial by jury. We affirm the district court’s order. The parties are familiar with the facts. We repeat them here only as is necessary to our disposition.

I

Following his conviction on rape and sexual molestation charges in Oregon state court on July 28, 1992, Mr. Mattix was transferred to Nevada to face other charges. Based on conflicting psychological reports concerning Mr. Mattix’s competency to stand trial, the prosecution and defense stipulated to a finding that Mr. Mattix was incompetent to stand trial. The Nevada state court then dismissed the charges against Mr. Mattix.

Upon his return to Oregon, Mr. Mattix filed a petition for post-conviction relief in state court. The state court denied the petition. It ruled that Mr. Mattix had failed to satisfy his burden…