Rhoades v. Blades, No. 11-80283 (9th Cir. 2011)
Annotate this CasePetitioner filed a motion for a stay of execution pending the United States Supreme Court decision in Martinez v. Ryan. Petitioner sought a stay of his impending execution, leave to file successive petitions for habeas corpus relief in his capital cases under 28 U.S.C. 2244(b)(3)(A), and appointment of new counsel to represent him in pursuing those petitions. The court granted petitioner's motion to proceed in forma pauperis. The court denied petitioner's motion for a stay of execution where he did not meet his burden of establishing that he was likely to succeed on the merits and he offered no legitimate reason for bringing this motion at the 11th hour. The court concluded that petitioner's reliance on what the Supreme Court's holding in Martinez might be was speculative. The court held that, to the extent petitioner's related requests for new counsel to be appointed and for leave to file a successive habeas corpus petition were properly before the court, those requests were denied.
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