Nash

I. FACTUAL AND PROCEDURAL BACKGROUND

On May 25, 1983, Viva Leroy Nash (“Nash”) was con- victed in an Arizona superior court of first-degree murder, NASH v. RYAN 13191 armed robbery, aggravated assault, and theft, and sentenced to death. State v. Nash, 694 P.2d 222, 225-27 (Ariz. 1985). The Supreme Court of Arizona affirmed his conviction in 1985. Id. at 222. After filing several unsuccessful petitions for post- conviction relief in both state and federal court, Nash ulti- mately filed the amended habeas petition that is the subject of the pending appeal.1 Nash’s amended petition raised thirteen claims, alleging violations of various Fourth, Sixth, Eighth, and Fourteenth Amendment rights. After concluding that Nash was entitled to have 9 of his thirteen claims reviewed on their merits,2 the district court denied the petition in a memo- randum decision on July 7, 2006.

On October 4, 2006, Nash timely filed a notice of appeal from the district court’s judgment denying his habeas petition. Before filing a brief on appeal, however, Nash filed a motion for a competency determination, requesting a stay of the appeal pending a ruling on the motion.3 Nash…