King

King v. Trujillo

Good Law
638 F.3d 726·2011 WL 1108258·2011 U.S. App. LEXIS 6244
United States Court of Appeals for the Ninth CircuitMarch 28, 201111-70847California3,277 words

Opinion

Opinion

ORDER

Pursuant to 28 U.S.C. § 2244 (b)(3) of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Eric John King, an Arizona prisoner on death row, requests permission to file a second or successive application for a writ of habeas corpus in the District of Arizona. Additionally, he asks that we stay his execution, currently scheduled for March 29, 2011. We deny both requests.

FACTS & PROCEDURAL HISTORY

King was convicted in Arizona state court on September 5, 1990, for the December 27, 1989, armed robbery and murders of Ron Barman, a convenience-store clerk, and Richard Butts, the store’s secu rity guard. He was sentenced to death on March 4, 1991. Since then, he has filed numerous state and federal appeals in an attempt to have both his conviction and sentence set aside. None have been successful. On February 8, 2011, the Arizona Supreme Court granted the State’s motion for a warrant of execution. The warrant authorizes the State to execute King at 10 a.m. on March 29, 2011, and is valid for twenty-four hours.

The Maricopa County Superior Court dismissed King’s fourth petition for post-conviction relief on February 8, 2011. In this petition, King argued that…

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