Robert Henry Moormann v Dora B. Schriro

Robert Moormann applies for a stay of execution and permission to file a second or successive habeas petition in federal district court. See 28 U.S.C. § 2244 (b)(3). Moormann was convicted in 1985 of the first-degree murder of his adoptive mother, Roberta Moormann, and sentenced to death. The murder took place in a Florence, Arizona motel room while Moormann was on a furlough from the state prison where he was serving a sentence of nine years to life for kidnapping. After stabbing and suffocating Roberta to death, he dismembered the body and disposed of it in trash bags. He is scheduled to be executed on February 29, 2012.

His case has already been before us twice. The facts and procedural background are fully contained in our prior opinions. See Moormann v. Ryan, 628 F.3d 1102 (9th Cir.2010); Moormann v. Schriro, 426 F.3d 1044 (9th Cir.2005). We summarize what is relevant to this proceeding.

In 2005, in Moormann v. Schriro, we considered an appeal from the denial of Moormann’s first habeas petition pursuant to 28 U.S.C. § 2254 , where he had raised a number of claims of ineffective assistance of counsel in connection with his state court trial and appeal. The claims…