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MAXWELL v. ROE

No. 08-55534.

606 F.3d 561 (2010)

Clifton MAXWELL, Petitioner-Appellant, v. Ernie ROE, Warden California State Prison, Los Angeles County, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 20, 2010.

Attorney(s) appearing for the Case

Patrick Morgan Ford, San Diego, CA, for plaintiff-appellant Clifton Wayne Maxwell.

Edmund G. Brown, Jr., Attorney General of California, Gary W. Schons, Senior Assistant Attorney General, Kevin Vienna, Supervising Deputy Attorney General, and Rhonda Cartwright-Ladendorf, Supervising Deputy Attorney General, San Diego, CA, for respondent-appellee Ernie Roe, Warden.

Before: HARRY PREGERSON, JOHN T. NOONAN and RICHARD A. PAEZ, Circuit Judges.

PAEZ, Circuit Judge:

A criminal defendant has a constitutional due process right not to be tried or convicted while incompetent to stand trial. This right not only assures that a defendant has the present ability to consult with counsel, to understand the nature and object of the proceedings against him, and to aid in the preparation of his defense, Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960...

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