Dixon v. Ryan, No. 16-99006 (7-26-19)(Thomas w/Graber & Ikuta). Note: This is an Az CHU case.  The 9^th affirmed denial of a capital petition.  Applying AEDPA deference, the 9^th found no IAC when trial counsel elected not to challenge defendant’s competency to represent himself, despite the knowledge that he had a significant history of mental issues. The trial court had been aware of the mental history. The 9^th gives deference to the state supreme court’s conclusion of no IAC. There was also no due process violation from the trial court’s failure to sua sponte have a competency hearing. The 9^th affirmed the district court’s denial of the claim that a continuance should have been granted to develop mitigation (four years was enough); wearing a stun belt and leg braces (no requisite showing but no proof the jury saw the restraints and even if they did, it was harmless).

The decision is here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2019/07/26/16-99006.pdf