Lounsbury

MEMORANDUM **

Oregon state prisoner Michael Lounsbury appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his convictions for aggravated murder. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Lounsbury argues that his due process right not to stand trial if incompetent was violated by the state trial court’s determination that he was competent. Lounsbury argues that the state trial court’s competency ruling was based on an unreasonable determination of the facts in light of the evidence presented and involved an unreasonable application of clearly established federal law. 28 U.S.C. § 2254 (d). In a federal habeas proceeding, “a determination of a factual issue made by a State court shall be presumed to be correct,” and the petitioner “shall have the burden of rebutting the presumption of correctness by clear and convincing evidence.” 28 U.S.C. § 2254 (e)(1).

First, Lounsbury contends that the state trial court unreasonably relied on the competency recommendation of one doctor instead of the recommendations of Lounsbury’s two experts when it found Lounsbury competent to stand trial on February 3, 1993. Over the…