Smith v. Rock

SUMMARY ORDER

This is an appeal from a May 19, 2008 order and May 29, 2008 judgment of the Southern District of New York (Jones, J.) granting Petitioner-Appellee Leon Smith’s petition for habeas corpus and vacating his conviction for robbery in the second degree on the basis that it was objectively unreasonable for the state trial court not to order sua sponte a hearing regarding Smith’s competency to stand trial. “We review a district court’s decision to grant or deny a habeas petition de novo and its findings of fact for clear error.” Hemstreet v. Greiner, 491 F.3d 84, 89 (2d Cir.2007).…