Monday, July 28, 2008

Claim of IAC at Competency Hearing Rebuffed

Crawley v. Dinwiddie, ___F.3d ___, 2008 WL 2805410 (10th Cir. 2008)
Because there is no clearly established federal Supreme Court law regarding a counsel’s duty to refrain from pressing his client’s claim of competency in the face of evidence of incompetency, plaintiff could not meet the AEDPA standard in his challenge to his attorney’s effective assistance in arguing for his competency at a state competency hearing.