Mark Rogers v. E. McDaniel

OPINION

GOULD, Circuit Judge:

Through its officials, the state of Nevada appeals the district court’s grant of partial habeas corpus relief to petitioner Mark Rogers, a Nevada prisoner who has been sentenced to death. Rogers cross-appeals from the district court’s decision not 'to stay habeas corpus proceedings due to Rogers’s purported incompetency, and also challenges the district court’s denial of ha-beas corpus relief on other claims. We have jurisdiction under 28 U.S.C. ■§§ 1291 and 2253. Because a penalty-phase jury instruction was unconstitutionally vague under law clearly established by…