DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
081774P.pdf 01/12/2009 Roger Allen Raymond v. Douglas Weber, etc.
U.S. Court of Appeals Case No: 08-1774
U.S. District Court for the District of South Dakota
[PUBLISHED] [Murphy, Author, with Hansen and Riley, Circuit Judges]
Habeas Case - Section 2254. Competency hearing is a critical stage in a
criminal prosecution and defendant was entitled to representation by
counsel at competency hearing. Counsel's failure to challenge defendant's
competency by not cross-examining doctor or presenting witnesses did
not constitute a constructive denial of counsel, as record shows counsel
subjected prosecution's case to at least some meaningful adversarial
testing. Defendant did not make out a claim under Strickland.