Legal Opinion

Nash v. Ryan

Court of Appeals for the Ninth Circuit

Decided September 11, 2009No. 06-99007PublishedCited by 7 opinions

1Opinion of the Court

ORDER

PAEZ, Circuit Judge:

In Rohan ex rel. Gates v. Woodford, 334 F.3d 803 (9th Cir.2003), we held that a capital habeas petitioner’s statutory right to counsel also encompassed the right to competence in habeas proceedings: the right of the petitioner to be competent during those proceedings so as to be able to advise and consult with his counsel regarding issues that might arise. Rohan occurred during the course of district court proceedings, and therefore we had no need to address explicitly whether that right extended to an appeal. Here, we confront that issue and decide whether the…

2Cases cited21 opinions

  1. Ford v. WainwrightSupreme Court of the United States · 1986
  2. Hormel v. HelveringSupreme Court of the United States · 1941
  3. Woodford v. GarceauSupreme Court of the United States · 2003
  4. Cooper v. OklahomaSupreme Court of the United States · 1996
  5. Indiana v. EdwardsSupreme Court of the United States · 2008

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3Cited by7 opinions

  1. Ryan v. Valencia GonzalesSupreme Court of the United States · 2013
  2. Milton Lewis v. Robert AyersCourt of Appeals for the Ninth Circuit · 2012
  3. In Re GonzalesCourt of Appeals for the Ninth Circuit · 2010
  4. Seburt Nelson Connor v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2013
  5. Gonzales v. United States District CourtCourt of Appeals for the Ninth Circuit · 2010

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