Ornoski

Williams v. Ornoski

Good Law
431 F.3d 1211·2005 WL 3373987·2005 U.S. App. LEXIS 27089
United States Court of Appeals for the Ninth CircuitDecember 12, 200505-77034California292 words

Opinion

Opinion

ORDER

Mr. Williams in 1981 was convicted and sentenced to death for the 1979 murders of Albert Lewis Owens, Tsai-Shai Yang, Yen-I Yang, and Yee-Chen Lin. The Supreme Court of California affirmed the convictions and sentence in 1988. See People v. Williams, 44 Cal.3d 1127 , 245 Cal. Rptr. 635 , 751 P.2d 901 (1988). In 2004, we affirmed the district court’s denial of habeas relief. See Williams v. Woodford, 384 F.3d 567 (9th Cir.2004).

Pursuant to 28 U.S.C. § 2244 (b), Mr. Williams now files an application for leave to file a second or successive (SOS) petition in district court. In order to obtain leave to file an SOS petition in district court, section 2244(b)(3)(C) requires that Williams must make a prima facie showing to this Court that his petition would satisfy the requirements of section 2244(b).

Section 2244(b)(1) provides that: “A claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be dismissed.”

Section 2244(b)(2) requires dismissal of new claims in an SOS petition unless:

Williams does not assert that a “new rule of constitutional law” requires relief, so we do not address section…

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