Milton Lewis v. Robert Ayers

OPINION

CLIFTON, Circuit Judge:

Milton Otis Lewis was sentenced to death following California convictions for first-degree murder and other crimes. While seeking federal habeas relief, Lewis requested a stay of the proceedings on the ground that he was not competent at the time to assist counsel. We have previously held that a habeas petitioner in a capital case is entitled to such a stay if he is not presently competent and is raising a claim as to which he could potentially benefit if he could communicate rationally with his attorney. Rohan ex rel. Gates v. Woodford, 334 F.3d 803, 819 (9th…