Seneca

Seneca v. Hallahan

Good Law
82 F. App'x 187
United States Court of Appeals for the Ninth CircuitOctober 31, 2003No. 01-16731California649 words

Opinion

Lead Opinion

MEMORANDUM **

In appealing the denial of his 28 U.S.C. § 2254 habeas corpus petition, Kristofer Michael Seneca, an Arizona state prisoner, again challenges his conviction by guilty plea to two counts of attempted child molestation. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo a district court’s denial of a habeas petition, Koerner v. Grigas, 328 F.3d 1039, 1045-46 (9th Cir.2003), and we affirm.

Seneca first contends that his guilty plea violated due process because he was incompetent at the time of his plea, and consequently lacked the capacity to enter a voluntary and knowing plea on his behalf. Seneca’s claim is unpersuasive. The state trial court concluded that Seneca had made a knowing, intelligent, and voluntary plea. This determination was not contrary to clearly established federal law or based on an unreasonable determination of the facts. 28 U.S.C. § 2254 (d)(1) & (2).

The only evidence Seneca produces to demonstrate incompetency are excerpts from two psychological reports that are not complete, identified, or signed by the doctors who allegedly prepared them. The proffered excerpts do not indicate that the mental disorders attributed to Seneca…

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