Legal Opinion

Gonzales v. United States District Court

Court of Appeals for the Ninth Circuit

Decided October 20, 2010No. 08-72188PublishedCited by 1 opinion

1Opinion of the Court

OPINION

REINHARDT, Circuit Judge:

Ernest Valencia Gonzales seeks a writ of mandamus to stay his district court federal capital habeas proceedings under Rohan ex rel. Gates v. Woodford, 334 F.3d 803 (9th Cir.2003). There, we held that when a capital habeas petitioner “raises claims that could potentially benefit from his ability to communicate rationally,” id. at 819, his statutory right to counsel includes the right to competence during habeas proceedings. The district court denied Gonzales’s motion for a competency determination under Rohan because “[Gonzales’s] properly-exhausted claims are…

2Cases cited11 opinions

  1. Drope v. MissouriSupreme Court of the United States · 1975
  2. La Buy v. Howes Leather Co.Supreme Court of the United States · 1957
  3. Holly W. BAUMAN Et Al., Petitioners, v. UNITED STATES DISTRICT COURT, Respondent, Union Oil Company, Real Party in InterestCourt of Appeals for the Ninth Circuit · 1977
  4. Geza De Kaplany v. J. J. Enomoto, Director of California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 1976
  5. In Re Cement Antitrust Litigation (Mdl No. 296)Court of Appeals for the Ninth Circuit · 1982

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3Cited by1 opinion

  1. In Re GonzalesCourt of Appeals for the Ninth Circuit · 2010

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