COX v. DEL PAPA

No. 06-15106.

542 F.3d 669 (2008)

Steve COX, Petitioner-Appellant, v. Frankie Sue DEL PAPA, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 4, 2008.


Attorney(s) appearing for the Case

Paul G. Turner, Assistant Federal Public Defender, Las Vegas, NV, argued the cause for the petitioner-appellant and filed briefs; Franny A. Forsman, Federal Public Defender and Danice Arbor Johnson, Research & Writing Specialist, Las Vegas, NV, were on the briefs.

David Neidert, Senior Deputy Attorney General, Las Vegas, NV, argued the cause for the respondents-appellees; Catherine Cortez Masto, Attorney General and Dennis C. Wilson, Deputy Attorney General, filed and were on the brief.

Before: DIARMUID F. O'SCANNLAIN, MICHAEL DALY HAWKINS, and KIM McLANE WARDLAW, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

We must decide whether the Constitution requires that a trial court conduct a sua sponte examination of a criminal defendant's Miranda waiver when his competency to stand trial has been raised.

I

Sometime in March 1990, Steve Cox left Vallejo, California, headed to Tennessee in a 30-year old truck with a football-sized hole in the windshield. He carried approximately $16,000 in cash. Upon arrival in Las Vegas...

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