Bible v. Ryan, No. 07-90017 (9th Cir. 2011)
Annotate this CasePetitioner was convicted of first-degree murder, kidnapping, and molestation of a nine-year-old girl and received the death sentence. Petitioner requested permission to file a second or successive application for a writ of habeas corpus and a stay of his execution. The court held that defendant failed to satisfy the requirements of 28 U.S.C. 2244(b)(2) where petitioner waited ten years after the enactment of Arizona's DNA testing statute, Ariz. Rev. Stat. 13-4240, before filing a motion requesting DNA testing of inculpatory hair evidence presented at trial and where, whatever the DNA testing of the hair evidence might reveal, the evidence could not refute the overwhelming inculpatory evidence presented at petitioner's trial. The court also held that petitioner's motion to stay pending disposition of his application was moot and that petitioner's motion to stay in light of the recent appointment of the Arizona Federal Public Defender as associated co-counsel was denied where petitioner's prior counsel remained on the case and the recent addition of new counsel did not deny petitioner the meaningful assistance of counsel. Accordingly, the court denied petitioner's application for permission to file a second or successive habeas corpus petition and denied petitioner's motions for stay of execution.
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