Jerry Stanley v. Kevin Chappell

OPINION

W. FLETCHER, Circuit Judge:

This is the second time this capital case has come before us. The first was an appeal from the district court’s partial judgment under Federal Rule of Civil Procedure 54(b), denying all of petitioner Gerald F. Stanley’s guilt-phase claims and deferring adjudication of his penalty-phase claims pending retrospective competency proceedings in state court. We affirmed the district court in all respects. Stanley v. Cullen, 633 F.3d 852 (9th Cir.2011). Of particular importance here, we affirmed the district court’s decision to remand to state court. Id. at 863-64.

On…