Is AeDpA (i)(B) and ts determination actvally a retrospective
determination where mental incompetence is the impediment?
Competency

DOES AEDPACISCB):
wording "created by State action" allow the petitioner
Po
to prove a Pate violation occured (structural error) as written under the law to.
prove the impediment exists (mental incompetence) instead of having to pove
the impediment exists going backwards in time through th pursal of medial cecords?

Does Moran v. Godinez, 57 F3d 690 precedent governing "retrospective
competency determinations also apply to retrospective ImpEDImeNT.
determinattons within AEppacixs) and the Ninth Circuits two-part test in
Bills v. Clark, thus placing the borden on the prosection where Petitoner can
prove the state acton by a fact?

Whether a retrospective competency determination where mental incompetence is the impediment is permissible under AEDPA(4)(B)