Lewis v. Ayers, No. 11-15309 (9th Cir. 2012)
Annotate this CasePetitioner was sentenced to death following convictions for first-degree murder and other crimes. While seeking federal habeas relief, petitioner requested a stay of the proceedings on the grounds that he was not competent at the time to assist counsel. Following an evidentiary hearing on petitioner's competency, the district court denied the requested stay based on its determination that petitioner was competent to proceed. Petitioner sought an immediate appeal of the competency determination, or in the alternative, mandamus relief. The court concluded that it lacked jurisdiction to review the competency determination at this time because it was not an immediately appealable order. The court also concluded that mandamus relief was not appropriate. Accordingly, the court dismissed the appeal and denied the petition for writ of mandamus.
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