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NASH v. RYAN

No. 06-99007.

581 F.3d 1048 (2009)

Viva Leroy NASH, Petitioner-Appellant, v. Charles L. RYAN, Warden, Arizona State Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 11, 2009.

Attorney(s) appearing for the Case

Thomas J. Phalen, Jon M. Sands, Fed. Pub. Def., and Paula K. Harms, Phoenix, AZ, for petitioner-appellant Viva Leroy Nash.

Kent E. Cattani, Chief Counsel, Capital Litigation Section, Attorney General's Office, and Jeffrey A. Zick, Assistant Attorney General, Phoenix, AZ, for respondent-appellee Charles L. Ryan.

Before: STEPHEN REINHARDT, SIDNEY R. THOMAS, and RICHARD A. PAEZ, Circuit Judges.

ORDER

PAEZ, Circuit Judge:

In Rohan ex rel. Gates v. Woodford, 334 F.3d 803 (9th Cir.2003), we held that a capital habeas petitioner's statutory right to counsel also encompassed the right to competence in habeas proceedings: the right of the petitioner to be competent during those proceedings so as to be able to advise and consult with his counsel regarding issues that might arise. Rohan occurred during the...

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