Legal Opinion · Dissent

Brewer v. Lewis

Court of Appeals for the Ninth Circuit

Decided March 2, 1993No. 93-99003Published

1DissentWilliam A. Norris, Circuit Judge

I

Mrs. Elsie Brewer appeals the district court’s decision denying her standing to file a “next friend” petition for habeas corpus seeking to avoid her son’s execution principally on the ground that he is incompetent. She asks this court to issue a certificate of probable cause and a stay of his execution, now scheduled for March 3, 1993, at 12:01 a.m.

*1028On February 19, 1993, the day after she was finally denied relief from the state courts in Arizona, Mrs. Brewer filed a ha-beas petition with the district court. This is the first federal petition for relief that has been filed on behalf of this…

2Cases cited6 opinions

  1. Bell v. HoodSupreme Court of the United States · 1946
  2. Whitmore Ex Rel. Simmons v. ArkansasSupreme Court of the United States · 1990
  3. Demosthenes v. BaalSupreme Court of the United States · 1990
  4. Groseclose Ex Rel. Harries v. DuttonDistrict Court, M.D. Tennessee · 1984
  5. Lenhard v. WolffCourt of Appeals for the Ninth Circuit · 1979

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