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HERNANDEZ v. YLST

No. 88-6459.

930 F.2d 714 (1991)

Mike HERNANDEZ, Petitioner-Appellant, v. Eddie S. YLST, Warden, et al., Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 10, 1991.

Attorney(s) appearing for the Case

Eric S. Multhaup, San Francisco, Cal., for petitioner-appellant.

Donald F. Roeschke, Deputy Atty. Gen., Los Angeles, Cal., for respondent-appellee.

Before WALLACE, Chief Judge, O'SCANNLAIN and RYMER, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must determine whether a habeas petitioner's federal constitutional rights were violated by a state court's failure to hold a pre-trial competency hearing.

I

Petitioner Mike Hernandez was arrested following the shooting death on January 16, 1982, of a man who, at least in Hernandez's mind, was having an affair with Hernandez's wife. The evidence tying Hernandez to the killing was substantial. Witnesses observed Hernandez...

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