Legal Opinion

McMurtrey v. Ryan

Court of Appeals for the Ninth Circuit

Decided August 21, 2008No. 03-99002, 03-99009PublishedCited by 38 opinions

1Opinion of the Court

PREGERSON, Circuit Judge:

The State of Arizona appeals the federal district court’s grant of habeas corpus relief to Petitioner Jasper N. McMur-trey, III, in this pre-AEDPA case. 1 The district court concluded that McMurtrey’s due process rights were violated when the Arizona trial court failed to hold a hearing to determine whether McMurtrey was competent to stand trial, despite considerable evidence suggesting that he was not. See Pate v. Robinson, 383 U.S. 375, 385, 86 S.Ct. 836, 15 L.Ed.2d 815 (1966). 2 This violation, the court held, was not cured by a subsequent hearing. The federal…

2Cases cited31 opinions

  1. Bell v. ConeSupreme Court of the United States · 2002
  2. Dusky v. United StatesSupreme Court of the United States · 1960
  3. Pate v. RobinsonSupreme Court of the United States · 1966
  4. Drope v. MissouriSupreme Court of the United States · 1975
  5. Godinez v. MoranSupreme Court of the United States · 1993

26 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Maxwell v. RoeCourt of Appeals for the Ninth Circuit · 2010
  2. Earl Cannedy, Jr. v. Darrel AdamsCourt of Appeals for the Ninth Circuit · 2013
  3. United States v. Denard NealCourt of Appeals for the Ninth Circuit · 2015
  4. Moormann v. RyanCourt of Appeals for the Ninth Circuit · 2010
  5. Thomas v. ChappellCourt of Appeals for the Ninth Circuit · 2012

33 more not listed; retrieve them via the Exa API.

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