Cabanilla v. Bates
Opinion of the Court
MEMORANDUM
Linda Cabanilla appeals the district court’s denial of her habeas corpus petition after an evidentiary hearing, which we directed that court to hold.
There is little to add to the district court’s cogent analysis on October 25, 2001. That analysis came after a three day evidentiary hearing, carefully explained the competing considerations, and resolved them. Suffice it to say that:
(1) Considering the investigation that counsel did perform, and the information available to her, including expert opinions, her own observations of Cabanilla during many conferences, and her other contact with Cabanilla by telephone and correspondence, we cannot say that counsel was constitutionally ineffective. See Hill v. Lockhart, 474 U.S. 52, 58-59, 106 S.Ct. 366, 370, 88 L.Ed.2d 203 (1985); Strick
(2) Similarly, Cabanilla has not shown that she was, in fact, so incompetent or mentally disturbed that she was unable to enter a guilty plea. See Boag v. Raines, 769 F.2d 1341, 1343 (9th Cir. 1985); Steinsvik v. Vinzant, 640 F.2d 949, 954 (9th Cir. 1981).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. See Cabanilla v. Bates, No. 99-16074, 2000 WL 1693675, at *7-9 (9th Cir. Nov. 13, 2000).
. We are cognizant of the difference between a claim that there was a procedural due process violation due to a failure of the trial court to conduct a competency proceeding, and a claim of factual incompetence. See Amaya-Ruiz v. Stewart, 121 F.3d 486, 489 (9th Cir. 1997). Cabanilla appears to assert the latter only. In any event, we see no error of the former type.
Reference
- Full Case Name
- Linda Ruth CABANILLA v. Robin BATES Frankie Sue Del Papa
- Cited By
- 1 case
- Status
- Published