BOAG v. RAINES

No. 84-1545.

769 F.2d 1341 (1985)

Donald Gene BOAG, Petitioner-Appellant, v. Robert RAINES, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 26, 1985.


Attorney(s) appearing for the Case

Michael V. Black, Asst. Federal Public Defender, Phoenix, Ariz., for petitioner-appellant.

Bruce M. Ferg, Asst. Atty. Gen., Tucson, Ariz., for respondent-appellee.

Before SKOPIL and FLETCHER, Circuit Judges, and RAY McNICHOLS, District Judge.


FLETCHER, Circuit Judge:

Boag appeals the dismissal of his habeas corpus petition, contending the district court erred in concluding that new evidence he presented was insufficient to raise a substantial doubt as to his competency to stand trial in 1967. We affirm.

In 1967, Boag was convicted of various felonies in Arizona court. At his trial, Boag's counsel made a motion for examination of his client's mental condition. The trial court did not rule on this...

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