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BEATY v. SCHRIRO

No. 08-71249.

554 F.3d 780 (2009)

Donald Edward BEATY, Petitioner, v. Dora B. SCHRIRO, of Arizona Department of Corrections, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed February 2, 2009.

Attorney(s) appearing for the Case

Ashley J. McDonald, Office of the Federal Public Defender, Phoenix, AZ, and John E. Charland, Phoenix, AZ, argued the cause for the appellant and submitted briefs. Jon M. Sands, Federal Public Defender, and Dale A. Baich, Office of the Federal Public Defender, Phoenix, AZ, were on the briefs.

John Pressley Todd, Office of the Attorney General, Phoenix, AZ, argued the cause for the appellee and submitted a brief. Terry Goddard, Attorney General, and Kent E. Cattani, Office of the Attorney General, Phoenix, AZ, were on the brief.

Before DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER, and M. MARGARET McKEOWN, Circuit Judges.

ORDER

We must decide whether any of the claims in this petition for leave to file a second and successive habeas petition made by a petitioner under sentence of death are cognizable at this stage.

I

Petitioner Donald Edward Beaty, who was convicted of murder in Arizona state court in 1985, filed a habeas petition with the United States District Court for the District of Arizona in 1992, which it denied in 1999. Beaty then appealed to this court...

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