Milton Lewis v. Robert Ayers
2012 U.S. App. LEXIS 10845
9th Cir.2012Background
- Lewis was sentenced to death after California convictions for first-degree murder, robbery, burglary, and attempted murder.
- His state post-conviction petitions were denied; federal habeas petition (2003) asserted 103 claims, with 74 claims resolved against him in 2008.
- A 2007 declaration by Dr. Stewart and a later examination by Dr. Ponath raised questions about Lewis’s present and past competency.
- The magistrate judge held an evidentiary hearing; the district court ultimately denied a stay of proceedings, finding Lewis competent to proceed.
- Lewis sought to appeal the competency ruling or obtain mandamus relief; the court concluded it lacked collateral-order jurisdiction and denied mandamus.
- The court discussed governing principles: a capital-habeas petitioner may raise competency issues; collateral-order review and mandamus standards apply differently.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the competency ruling is immediately appealable collateral order | Lewis argues collateral-order jurisdiction permits immediate review. | Ayers contends the ruling is not eligible collateral review until final judgment. | Lack of jurisdiction; collateral-order review not available for this competency determination. |
| Whether mandamus relief is appropriate to stay proceedings for incompetence | Lewis seeks mandamus to stay habeas proceedings due to current incompetence. | State argues no clear error or entitlement to mandamus; reviewable later after final judgment. | Mandamus denied; factors do not favor immediate relief. |
| Whether the district court’s competency finding was clearly erroneous | Lewis contends the evidence showed present incompetence. | State argues the record supported competency given conflicting expert opinions and MacCAT results. | Not clearly erroneous; evidence supported the district court’s competency finding. |
Key Cases Cited
- Rohan ex rel. Gates v. Woodford, 334 F.3d 803 (9th Cir. 2003) (capital petitioner entitled to stay for competency considerations)
- Nash v. Ryan, 581 F.3d 1048 (9th Cir. 2009) (remand for competency determination before further merits review)
- United States v. No Runner, 590 F.3d 962 (9th Cir. 2009) (pretrial competency order not immediately appealable; no collateral-order review)
- Pinholster v. Cullen, 131 S. Ct. 1388 (2011) (limits on evidence review in federal habeas but not the competency-right to communicate)
- Panetti v. Quarterman, 551 U.S. 930 (2007) (prior findings of competency do not foreclose later incompetence challenges)
- Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949) (collateral-order doctrine three-part test)
- Van Cauwenberghe v. Biard, 486 U.S. 517 (1988) (collateral-order doctrine and jurisdictional limits)
- Osband v. Woodford, 290 F.3d 1036 (9th Cir. 2002) (interlocutory appellate review requirements for collateral orders)
- United States v. No Runner, 590 F.3d 962 (9th Cir. 2009) (reiterates not-reviewable collateral aspect of competency determinations)