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BASSETT v. McCARTHY

No. 75-1978.

549 F.2d 616 (1977)

Fred Kipp BASSETT, Petitioner-Appellant, v. D. J. McCARTHY, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied March 15, 1977.

Attorney(s) appearing for the Case

Theodore Eugene Orliss (argued), Los Angeles, Cal., for petitioner-appellant.

John R. Gorey, Deputy Atty. Gen. (argued), Los Angeles, Cal., for respondent-appellee.

Before HUFSTEDLER and WRIGHT, Circuit Judges, and SCHWARZER, District Judge.

Rehearing and Rehearing En Banc Denied March 15, 1977.

SCHWARZER, District Judge:

Petitioner sought a writ of habeas corpus in the District Court to review the failure of the state trial court to hold a hearing sua sponte on petitioner's mental competency to stand trial. Petitioner previously raised the issue on a motion for a new trial and petitions to the state appellate courts but was unsuccessful. The District Court denied the petition and we affirm.<...

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