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LEWIS v. AYERS

No. 11-15309.

681 F.3d 992 (2012)

Milton LEWIS, Petitioner-Appellant, v. Robert L. AYERS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 30, 2012.

Attorney(s) appearing for the Case

Gary D. Sowards (argued), David A. Senior , Ann K. Tria , McBreen & Senior, Los Angeles, CA, for the petitioner-appellant.

Barton Bowers (argued), Michael P. Farrell , Michael A. Canzoneri , Office of the Attorney General, Sacramento, CA, for the respondent-appellee.

Before: M. MARGARET McKEOWN, RICHARD R. CLIFTON, and JAY S. BYBEE, Circuit Judges.

OPINION

CLIFTON, Circuit Judge:

Milton Otis Lewis was sentenced to death following California convictions for first-degree murder and other crimes. While seeking federal habeas relief, Lewis requested a stay of the proceedings on the ground that he was not competent at the time to assist counsel. We have previously held that a habeas petitioner in a capital case is entitled to such a stay if he is not presently competent and is raising a claim as to which...

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