Brewer v. Lewis

997 F.2d 550 Elsie BREWER, individually and as next friend of John George Brewer, Petitioner-Appellant, v. Samuel LEWIS, Director of the Arizona Department of Corrections, et al., Respondents-Appellees, John George Brewer, Real Party In Interest. No. 93-99003 United States Court of Appeals, Ninth Circuit. June 22, 1993. 1 Prior Report: 989 F.2d 1021 . DISSENT FROM FAILURE TO GRANT EN BANC REVIEW 2 REINHARDT, Circuit Judge, with whom Circuit Judge PREGERSON joins, dissenting: 3 Once again, this time almost unnoticed, a man has been executed without fair or orderly consideration of a habeas corpus petition that raises important constitutional questions. Despite the existence of substantial evidence of his incompetence, John George Brewer was permitted, without so much as an evidentiary hearing, to waive all federal court review of his potentially unconstitutional death sentence. The proceedings in both the district and appellate courts were peremptory, at best. As a result, Arizona executed Brewer on schedule, shortly after midnight on March 3, 1993. His constitutional rights remain unresolved. 4 There is no doubt that Brewer killed his girlfriend, Rita Brier. He did so after she…