Blair v. Martel, No. 01-99003 (9th Cir. 2011)
Annotate this CasePetitioner sought a writ of habeas corpus arguing that the California Supreme Court's delay in resolving the direct appeal from his murder conviction and death sentence denied him his right to due process under the Fourteenth Amendment. The court held that the district court erred when it placed the burden on petitioner to prove his incompetence. The court held, however, that the court need not reverse and remand because, even if assuming petitioner's incompetence, it would not affect the outcome of the appeal. The court further held that petitioner's habeas corpus petition must be denied because no Supreme Court case clearly established a due process right to a speedy trial. Accordingly, the judgment was dismissed in part and affirmed in part.
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