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DE KAPLANY v. ENOMOTO

No. 73-2955.

540 F.2d 975 (1976)

Geza de KAPLANY, Petitioner-Appellant, v. J. J. ENOMOTO, Director of California Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

July 9, 1976.

Attorney(s) appearing for the Case

Joseph M. Malkin (argued), Los Angeles, Cal., for petitioner-appellant.

Karl S. Mayer, Deputy Atty. Gen. (argued), San Francisco, Cal., for respondent-appellee.

Before CHAMBERS, KOELSCH, BROWNING, DUNIWAY, ELY, HUFSTEDLER, WRIGHT, TRASK, CHOY, GOODWIN, WALLACE and SNEED, Circuit Judges.

OPINION

SNEED, Circuit Judge:

This case comes before us on appeal from the district court's denial of de Kaplany's habeas corpus petition seeking relief from his 1963 state conviction. The petitioner asserts that his constitutional rights were violated in four separate respects. The first such respect is that the failure of the trial court to conduct a hearing on de Kaplany's competence to stand trial constituted a denial of due process. The second is that...

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