The following excerpt is from Stanley v. Ylst, No. CIV S-95-1500 JAM GGH DP (E.D. Cal. 2013):
Petitioner relies primarily on Odle v. Woodford, 238 F.3d 1084 (9th Cir. 2001) which did involve a competency issue remanded for further development by the federal courts. In its determination affirming the district court's remand decision on the competency issue, the
Page 8
Ninth Circuit did expressly direct that the district court retain jurisdiction:
Odle, 238 F.3d at 1090.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.