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HIBBLER v. BENEDETTI

No. 11-16683.

693 F.3d 1140 (2012)

Kenneth Patrick HIBBLER, Petitioner-Appellant, v. James BENEDETTI; Nevada Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2012.

Attorney(s) appearing for the Case

Ryan Norwood , Assistant Federal Public Defender, Las Vegas, NV, for petitioner-appellant Kenneth Patrick Hibbler.

Jared M. Frost , Deputy Attorney General, Carson City, NV, for respondents-appellees James Benedetti and Nevada Attorney General.

Before: DOROTHY W. NELSON, JOHNNIE B. RAWLINSON, and SANDRA S. IKUTA, Circuit Judges.

OPINION

IKUTA, Circuit Judge:

Kenneth Hibbler claims that he was deprived of his Sixth Amendment right to effective assistance of counsel because his counsel induced him to enter a guilty plea at a time when counsel should have known that Hibbler was incompetent.1 The Nevada Supreme Court rejected this claim, finding that Hibbler's allegations were belied by the record. This appeal requires us to determine whether it was unreasonable...

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