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STANLEY v. CULLEN

No. 08-99026.

633 F.3d 852 (2011)

Gerald F. STANLEY, Petitioner-Appellant, v. Vincent CULLEN, Warden of San Quentin State Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 31, 2011.

Attorney(s) appearing for the Case

Mark E. Olive , Law Offices of Mark E. Olive, Tallahassee, FL, Tivon Schardl and Joseph Schlesinger , Federal Public Defender's Office, Sacramento, CA, for the petitioner-appellant.

Ward Allen Campbell and Jesse Noel Witt , Office of the California Attorney General, Sacramento, CA, for the respondent-appellee.

Before: WILLIAM A. FLETCHER, RICHARD C. TALLMAN and JAY S. BYBEE, Circuit Judges.

OPINION

W. FLETCHER, Circuit Judge:

Petitioner Gerald F. Stanley was convicted in California state court of arson, burglary, and first degree murder of his wife. The court and jury found true several special circumstances making Stanley eligible for the death penalty. Partway through the penalty phase trial, Stanley's counsel moved for proceedings under California Penal Code § 1368 to determine whether Stanley was competent to stand trial. The trial...

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