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McMURTREY v. RYAN

Nos. 03-99002, 03-99009.

539 F.3d 1112 (2008)

Jasper N. McMURTREY, III, Petitioner-Appellee, v. Charles L. RYAN, Warden, Respondent-Appellant. Jasper N. McMurtrey, III, Petitioner-Appellant, v. Charles L. Ryan, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 21, 2008.

Attorney(s) appearing for the Case

Gregory Kuykendall, Kuykendall & Associates; Natman Schaye, Chandler & Udall, LLP, for the petitioner.

Terry Goddard, Attorney General; Kent E. Cattani, Chief Counsel, Capital Litigation Section; Patricia A. Nigro, Assistant Attorney General, Arizona Attorney General's Office, for the respondent.

Before: HARRY PREGERSON, W. FLETCHER, and JAY S. BYBEE, Circuit Judges.

PREGERSON, Circuit Judge:

The State of Arizona appeals the federal district court's grant of habeas corpus relief to Petitioner Jasper N. McMurtrey, III, in this pre-AEDPA case.1 The district court concluded that McMurtrey's due process rights were violated when the Arizona trial court failed to hold a hearing to determine whether McMurtrey was competent to stand trial, despite considerable evidence suggesting that he was not. See Pate...

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