Sean Carter:  Habeas case held in abeyance for competency hearing

On November 29, 2005, Judge Economus of the Northern District of Ohio granted Petitioner Sean Carter's motion for a competency determination and ordered an evidentiary hearing on the issue.  Judge Economus found that Carter, who suffers from a severe and debilitating mental illness, has a right to be competent during his habeas proceedings in federal court.  Petitioner relied on a case from the Ninth Circuit, Rohan v. Woodford, 334 F.3d 803 (2003), which found that habeas petitioners have a right to be competent during the proceedings because they have a statutory right to counsel, and counsel's assistance is dependent upon the client's ability to rationally communicate and understand the proceedings.