U.S.Sup.Ct.
10-930
Respondent Valencia Gonzales, a death row inmate in Arizona, sought federal habeas relief. His counsel moved to stay the proceedings, contending that Gonzales mental incompetence prevented him from rationally communicating with or assisting counsel, and that Gonzales was thus entitled to a stay because, under the Ninth Circuits Rohan decision, what is now 18 U. S. C. §3599(a)(2) requires a stay when a petitioner is adjudged incompetent. The District Court denied a stay, finding that the claims before it were record based or resolvable as a matter of law and thus would not benefit from Gonzales input. Gonzales thereafter sought a writ of mandamus in the Ninth Circuit. Applying Rohan and its recent decision in Nash which gave habeas petitioners a right to competence even on record-based appealsthe court granted the writ, concluding that §3599 gave Gonzales the right to a stay pending a competency determination.
