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MARTINEZ-VILLAREAL v. STEWART

Nos. 97-80229, 97-80249.

118 F.3d 628 (1997)

Ramon MARTINEZ-VILLAREAL, Petitioner, v. Terry STEWART, Respondent. Ramon MARTINEZ-VILLAREAL, Petitioner, v. Terry STEWART, Respondent.

United States Court of Appeals, Ninth Circuit.

Submitted June 9, 1997.

Decided June 23, 1997.

Attorney(s) appearing for the Case

Fredric F. Kay, Federal Public Defender, Denise I. Young, Assistant Federal Public Defender, Dale A. Baich, Office of the Federal Public Defender, Phoenix, AZ, Sean D. O'Brien, Public Interest Litigation Clinic, Kansas City, MO, for petitioner.

Bruce M. Ferg, Assistant Attorney General, Tucson, AZ, for respondent.

Before: D. W. NELSON, LEAVY, and T. G. NELSON, Circuit Judges.

Order; Concurrence by Judge T. G. Nelson.

PER 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...

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