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.