Is a judge's decision not to grant an evidentiary hearing on a new doctor's affidavit alleging incompetence?

MultiRegion, United States of America

The following excerpt is from Vargas v. Lambert, 159 F.3d 1161 (9th Cir. 1998):

Subsequently in Brewer v. Lewis, 989 F.2d 1021 (9th Cir.1993), we held that a condemned prisoner's mother was not entitled to an evidentiary hearing on her "next friend" proceeding, despite two new doctors' affidavits asserting incompetence, because the affidavits did not amount to "meaningful evidence" under Demosthenes and Whitmore. The doctors had not personally met the prisoner, and substantial medical evidence in the record from those who had examined him showed that, despite his personality disorder and strange notions of dead people being on another planet, he was competent.

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