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LUCKY v. CALDERON

No. 95-99021.

86 F.3d 923 (1996)

Darnell LUCKY, Petitioner-Appellant, v. Arthur CALDERON, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 19, 1996.

Attorney(s) appearing for the Case

Monica Knox, Deputy Federal Public Defender, Los Angeles, California, for petitioner-appellant.

Paul M. Roadarmel, Jr., Deputy Attorney General, Los Angeles, California, for respondent-appellee.

Before: FARRIS, FERGUSON and T.G. NELSON, Circuit Judges.

FARRIS, Circuit Judge:

Darnell Lucky appeals the district court's order dismissing his habeas petition. The district court held that it lacked jurisdiction because the petition was unauthorized. It also held that, lacking jurisdiction, it could not evaluate Lucky's mental competence to waive his right to federal habeas review. We reverse.

BACKGROUND

Lucky was convicted and sentenced to death in 1982. The California Supreme Court upheld the conviction...

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