No. 11-70623.

673 F.3d 1003 (2012)

Gerald Ross PIZZUTO, Jr., Petitioner, v. Randy BLADES, Respondent.

United States Court of Appeals, Ninth Circuit.

March 8, 2012.

Attorney(s) appearing for the Case

Joan M. Fisher , Office of Federal Defender for the Eastern District of California, Capital Habeas Unit, Sacramento, CA, for the petitioner.

L. LaMont Anderson , Office of the Idaho Attorney General, Boise, ID, for the respondent.

Opinion by Judge GOULD; Dissent by Judge B. FLETCHER.


GOULD, Circuit Judge:

Gerald Ross Pizzuto, Jr., requests permission to file a second or successive application for a writ of habeas corpus in the District of Idaho. See 28 U.S.C. § 2244(b)(3)(A).


Pizzuto was convicted of two counts of murder in the first degree, two counts of felony murder, one count of robbery, and one count of grand theft on March 27, 1986. He was sentenced to death for the murders of Berta Louise...

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