CLARENCE DIXON V. DAVID SHINN, No. 22-99006 (9th Cir. 2022)Annotate this Case
In 2008, Defendant was convicted of murder in Arizona and sentenced to death. He is scheduled to be executed on May 11, 2022. On May 9, 2022, Petitioner filed a Sec. 2254 petition challenging the Arizona state court's determination that he was competent to be executed. He also sought a stay of execution. The district court denied relief on May 10, 2022, and Petitioner now appeals.
The Ninth Circuit affirmed the district court's denial of Petitioner's habeas corpus petition and denying his request for a stay of execution. Petitioner failed to establish that the Arizona state court's determination of his competency was unreasonable under the applicable case law, as required under AEDPA. The Ninth Circuit also determined that the state court's decision was not based on an unreasonable determination of the facts.