Anderson v. Gipson, No. 16-15338 (9th Cir. 2018)
Annotate this CaseThe Ninth Circuit reversed the denial of a 28 U.S.C. 2254 petition for habeas relief challenging petitioner's conviction for domestic violence, assault, and vandalism. The panel held that it was error for the state trial judge not to sua sponte order a competency hearing given the numerous signs of petitioner's mental incompetency, including his suicide attempt on the eve of trial. The panel remanded to the district court with instructions to grant the writ unless, within a reasonable time, the state grants a new trial. The panel need not address petitioner's other issues and dismissed his appeals as moot.
Court Description: Habeas Corpus The panel reversed the district court’s denial of California state prisoner Aaron Anderson’s 28 U.S.C. § 2254 habeas corpus petition challenging his conviction for domestic violence, assault, and vandalism. The panel held that the California Court of Appeal’s decision denying Anderson relief on his claim that the trial court violated his due process rights by failing to order sua sponte a competency hearing involved an unreasonable application of clearly established federal law. The panel explained that in the face of strong indicia of incompetence, including a bona fide suicide attempt on the eve of trial, Pate v. Robinson, 383 U.S. 375, 385 (1966), and its progeny demand more than explanation; they demand a competency hearing. The panel remanded the case to the district court with instructions to grant the writ unless, within a reasonable time, the State grants a new trial; and dismissed as moot Anderson’s appeal as to claims of error involving his Faretta waiver and shackling during trial.
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