United States Ninth Circuit

On application for a stay of execution and permission to file a second habeas petition in federal district court, all relief is denied, where: 1) even assuming that Maples v. Thomas, 132 S.Ct. 912 (2012), applies retroactively to justify a belated reopening of a matter considered closed, the petitioner could not make a prima facie showing that his postconviction counsel abandoned him within the meaning of Maples; 2) the petitioner could not prove his intellectual disability by clear and convincing evidence, and even if he could, the state court did not violate clearly established federal law by not exempting him from the death penalty because of mental deterioration that occurred after the crime.

Appellate Information

• Decided 02/28/2012
• Published 02/28/2012

Judges

• Schroeder

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Julie Hall, John Pressly Todd