Clarence Dixon v. David Shinn

FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 10 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CLARENCE WAYNE DIXON, No. 22-99006

Petitioner-Appellant, D.C. No. 2:14-cv-00258-DJH

v.

OPINION

DAVID SHINN, Director, Arizona Department of Corrections,

Respondent-Appellee.

Appeal from the United States District Court for the District of Arizona Diane J. Humetewa, District Judge, Presiding

Argued and Submitted May 10, 2022 San Francisco, California

Before: Jay S. Bybee, Daniel A. Bress, and Danielle J. Forrest, Circuit Judges.

Opinion by Judge Bress

BRESS, Circuit Judge:

Clarence Dixon, an inmate incarcerated on death row in Arizona who is set to

be executed on May 11, 2022, appeals the denial of his federal habeas petition and

seeks a stay of his execution. He challenges an Arizona state court’s determination

that he is competent to be executed. We conclude that the Arizona state court’s

1 decision is not contrary to or an unreasonable application of clearly established

federal law, nor does it result in a decision that was based on an…