Michael v. Horn

AMBRO, Circuit Judge.

After finding Hubert Michael competent to terminate his habeas corpus petition in this death-penalty case, the District Court dismissed that petition. The dismissal was appealed, purportedly on Michael’s behalf. He later vacillated on his desire to dismiss this appeal. We hold that the presumption of continuing competency does not apply here because the foundational expert for the District Court’s competency finding has suggested a new evaluation. We therefore remand to the District Court for another competency finding.

I. Factual Background and Procedural History

A.…