Anderson v. Gipson

by
The Ninth Circuit reversed the denial of a 28 U.S.C. 2254 petition for habeas relief challenging petitioner's conviction for domestic violence, assault, and vandalism. The panel held that it was error for the state trial judge not to sua sponte order a competency hearing given the numerous signs of petitioner's mental incompetency, including his suicide attempt on the eve of trial. The panel remanded to the district court with instructions to grant the writ unless, within a reasonable time, the state grants a new trial. The panel need not address petitioner's other issues and dismissed his appeals as moot. View "Anderson v. Gipson" on Justia Law