9th Cir.
10-99013
The court of appeals reversed a district courts grant of a habeas corpus petition in part, affirmed the denial of the petition on all other grounds, and remanded the action with instructions. The court held that a capital defendant was not entitled to discovery and a hearing on the issue of a state trial judges mental competency during a 1986 sentencing proceeding absent any expert mental health testimony or other evidence suggesting that the judge was incompetent when rendering a death sentence that was later upheld by the state supreme court in its entirety. The court held further that even if trial counsel should have requested a hearing on the defendants own competency to plead guilty to capital murder, the defendant suffered no prejudice where the evidence plainly demonstrated that there was no reasonable probability that he would have been found incompetent to enter such a plea.
