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ROHAN EX REL. GATES v. WOODFORD

No. 01-99016.

334 F.3d 803 (2003)

Colleen Mary ROHAN, ex rel. Oscar GATES, Petitioner-Appellant, v. Jeanne WOODFORD, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 25, 2003.

Attorney(s) appearing for the Case

William L. Osterhoudt, San Francisco, California, argued for the appellant. Tim Brosnan joined him on the briefs.

John H. Deist, Deputy Attorney General, San Francisco, California, argued for the appellee. Bill Lockyer, Robert R. Anderson, Ronald A. Bass and Dane R. Gillette joined him on the brief.

Before KOZINSKI and KLEINFELD, Circuit Judges, and KARLTON, District Judge.

OPINION

KOZINSKI, Circuit Judge:

We decide whether a district court must stay capital habeas proceedings during a petitioner's incompetence.

I

Oscar Gates was sentenced to death for murdering Lonnie Stevenson in 1979. Gates belonged to a forgery ring run by the Stevenson family, and became embroiled in a dispute over his cut of the proceeds during which a Stevenson family member shot him in the leg. Gates then went to the Stevensons' house...

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