Villafuerte v. Stewart

Before: FLETCHER, THOMPSON and T.G. NELSON, Circuit Judges.

Arizona death row inmate Jose Roberto Villafuerte has filed a petition, pursuant to 28 U.S.C. § 2244(b)(3), for an order of this court authorizing him to file a successive petition for writ of habeas coipus in the district court. For a description of the crime and prior proceedings, see Villafuerte v. Stewart, 111 F.3d 616 (9th Cir.1997), and State v. Villafuerte, 142 Ariz. 323, 690 P.2d 42 (1984).

Section 2244(b) requires the dismissal of claims not presented in prior petitions unless they rely on either a new rule of constitutional…