Delaney Marks v. Ronald Davis

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DELANEY G. MARKS, No. 17-99007

Petitioner-Appellant, D.C. No. 5:11-cv- 02458-LHK v.

RONALD DAVIS, Warden, OPINION California State Prison at San Quentin,

Respondent-Appellee.

Appeal from the United States District Court for the Northern District of California Lucy H. Koh, District Judge, Presiding

Argued and Submitted December 14, 2022 Pasadena, California

Filed July 8, 2024

Before: Mary H. Murguia, Chief Judge, and Marsha S. Berzon and Ryan D. Nelson, Circuit Judges.

Opinion by Judge Murguia; Partial Concurrence and Partial Dissent by Judge Berzon; Partial Concurrence and Partial Dissent by Judge R. Nelson SUMMARY *

Habeas Corpus / Death Penalty

The panel affirmed in part and vacated in part the district court’s judgment denying a federal habeas petition filed by Delaney Marks, who was convicted of murder and sentenced to death in California in 1994; and remanded. In Part I, the panel held that the district court properly denied relief on Marks’s claim that he was incompetent to stand trial. Although Marks presented…