STANLEY v. CHAPPELL

No. 13-15987.

764 F.3d 990 (2014)

Jerry F. STANLEY, Petitioner-Appellant, v. Kevin CHAPPELL, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 13, 2014.


Attorney(s) appearing for the Case

Joseph Schlesinger (argued) and Tivon Shardl , Federal Public Defender's Office, Sacramento, CA; Mark E. Olive , Law Offices of Mark E. Olive, P.A., Tallahassee, FL, for Petitioner-Appellant.

Jesse N. Witt (argued), Deputy Attorney General, and Ward A. Campbell , Supervising Deputy Attorney General, Office of the California Attorney General, Sacramento, CA, for Respondent-Appellee.

Before: WILLIAM A. FLETCHER, RICHARD C. TALLMAN, and JAY S. BYBEE, Circuit Judges.


OPINION

W. FLETCHER, Circuit Judge:

This is the second time this capital case has come before us. The first was an appeal from the district court's partial judgment under Federal Rule of Civil Procedure 54(b), denying all of petitioner Gerald F. Stanley's guilt-phase claims and deferring adjudication of his penalty-phase claims pending retrospective competency proceedings in state court. We affirmed the district court in all respects. Stanley v. Cullen...

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