Unpublished Disposition, 923 F.2d 862 (9th Cir. 1989)

Annotate this Case
US Court of Appeals for the Ninth Circuit - 923 F.2d 862 (9th Cir. 1989)

Barry Wayne MCNAMARA, Petitioner-Appellant,v.Robert Glen BORG, Warden, Folsom State Prison, et al.,Respondent-Appellee.

No. 89-55758.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Oct. 3, 1990.Decided Jan. 25, 1991.

Before BOOCHEVER, BEEZER and TROTT, Circuit Judges.


* Barry Wayne McNamara appeals the district court's denial of his habeas corpus petition. He claims he was denied a fair trial when the state trial court failed sua sponte to hold a hearing to determine whether he was competent to stand trial. He also contends the prosecutor improperly interfered with his Sixth Amendment right to counsel by filing a motion to have his attorney removed from the case, and that his attorney provided ineffective assistance by failing to request a competency hearing.


We have jurisdiction under 28 U.S.C. § 2253 (1988), and we affirm for the reasons stated in the magistrate's "Report and Recommendation" dated March 31, 1989, adopted by the district court.



This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3