BREWER v. LEWIS

No. 93-99003

997 F.2d 550 (1993)

Elsie BREWER, individually and as next friend of John George Brewer, Petitioner-Appellant, v. Samuel LEWIS, Director of the Arizona Department of Corrections, et al., Respondents-Appellees, John George Brewer, Real Party In Interest.

United States Court of Appeals, Ninth Circuit.

June 22, 1993.


DISSENT FROM FAILURE TO GRANT EN BANC REVIEW

REINHARDT, Circuit Judge, with whom Circuit Judge PREGERSON joins, dissenting:

Once again, this time almost unnoticed, a man has been executed without fair or orderly consideration of a habeas corpus petition that raises important constitutional questions. Despite the existence of substantial evidence of his incompetence, John George Brewer was permitted, without so much as an evidentiary hearing, to waive all...

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