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MACKEY v. CRAVEN

No. 75-2892.

537 F.2d 322 (1976)

James Boyd MACKEY, Petitioner-Appellee, v. Walter E. CRAVEN, Warden, Folsom State Prison, Represa, California, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 5, 1976.

Attorney(s) appearing for the Case

Richard Tullis (argued), Deputy Atty. Gen., State of California, San Francisco, Cal., for respondent-appellant.

A. Leonard Bjorklund, Jr. (argued), Sausalito, Cal., for petitioner-appellee.

Before BROWNING and WALLACE, Circuit Judges, and FERGUSON, District Judge.

OPINION

PER CURIAM.

On April 20, 1973, following an evidentiary hearing, the district court found there was a reasonable doubt of Mackey's competency at the time he entered a plea of guilty to the charge of voluntary manslaughter and that a hearing to determine whether the defendant was competent to plead guilty should have been held in the state court before the guilty plea was accepted. Pate v. Robinson, 383 U.S. 375

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