Grant

Grant v. Brown

Good Law
312 F. App'x 71
United States Court of Appeals for the Ninth CircuitFebruary 12, 2009No. 06-99003California791 words

Opinion

Lead Opinion

MEMORANDUM *

Grant appeals from the district court’s judgment denying his petition for writ of habeas corpus. Because the parties are familiar with the facts and procedural posture of this appeal, we will not repeat them here. The conviction of an individual who is incompetent to stand trial is a violation of due process. Hernandez v. Ylst, 930 F.2d 714, 716 (9th Cir.1991). A defendant is competent if he “has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding — and ... has a rational as well as factual understanding of the proceedings against him.” Id. at 716 n. 2 (quoting Dusky v. United States, 362 U.S. 402, 402 , 80 S.Ct. 788 , 4 L.Ed.2d 824 (1960)).

A competency hearing is necessary only if there is “a ‘substantial’ or ‘bona fide’ doubt of competency.” Hernandez, 930 F.2d at 716 (quoting de Kaplany v. Enomoto, 540 F.2d 975, 979-83 (9th Cir.1976) (en banc)). The “inquiry is not whether *73 the trial court could have found the defendant either competent or incompetent, nor whether the reviewing court would find the defendant incompetent.” United States v. Mitchell, 502 F.3d 931, 986 (9th Cir.2007) (quoting Chavez v. United…

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