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TORRES v. PRUNTY

No. 99-55662.

223 F.3d 1103 (2000)

Damacio Y. TORRES, Petitioner-Appellee, v. K.W. PRUNTY, in his capacity as Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2000.

Attorney(s) appearing for the Case

Kyle S. Brodie, Deputy Attorney General, Los Angeles, CA, for respondent-appellant.

Marilyn Drath, Sausalito, CA, for petitioner-appellee.

Before: CANBY, REINHARDT, and FERNANDEZ, Circuit Judges.

CANBY, Circuit Judge:

The State of California appeals from the district court's grant of habeas corpus relief to Damacio Torres under 28 U.S.C. § 2254. The district court concluded that Torres's due process rights were violated when the state trial court failed to hold a hearing to determine whether Torres was competent to stand trial, despite considerable evidence suggesting that he was not. See Pate v. Robinson, 383 U.S. 375<...

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