Legal Opinion
Ramon MARTINEZ-VILLAREAL, Petitioner, v. Terry STEWART, Respondent; Ramon MARTINEZ-VILLAREAL, Petitioner, v. Terry STEWART, Respondent
Court of Appeals for the Ninth Circuit
Decided June 23, 1997No. 97-80229, 97-80249PublishedCited by 51 opinions
1Per curiam
Petitioner has moved for permission to file a successive habeas corpus petition in the district court pursuant to the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), codified in relevant part at 28 U.S.C. § 2244. We hold that § 2244’s prohibition on second or successive petitions does not apply to a petition that raises only a competency to be executed claim under Ford v. Wainwright, 477 U.S. 399, 106 S.Ct. 2595, 91 L.Ed.2d 335 (1986).
I
Ramon Martinez-Villareal was convicted on two counts of first-degree murder and was sentenced to death. See State v. Martinez-Villareal, 145…
2Cases cited18 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Herrera v. CollinsSupreme Court of the United States · 1993
- Ford v. WainwrightSupreme Court of the United States · 1986
- Felker v. TurpinSupreme Court of the United States · 1996
- Edward J. DeBartolo Corp. v. Florida Gulf Coast Building & Construction Trades CouncilSupreme Court of the United States · 1988
13 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Stewart v. Martinez-VillarealSupreme Court of the United States · 1998
- Cooper v. BrownCourt of Appeals for the Ninth Circuit · 2007
- Andres Flores-Miramontes,petitioner v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
- Pratt v. United StatesCourt of Appeals for the First Circuit · 1997
- Gary Graham, Now Known as Shaka Sankofa v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1999
46 more not listed; retrieve them via the Exa API.