Keith Eugene Wells, by and Through Rolf M. Kehne v. A.J. Arave, Warden
Opinion
Opinion
ORDER
Rolf M. Kehne seeks to appeal the district court’s dismissal of a petition for a writ of habeas corpus and requests a certificate of probable cause and a stay of execution as a “next friend” of Keith Eugene Wells. Finding this ease controlled by Brewer v. Lewis, 989 F.2d 1021 (9th Cir.1993), we deny the certificate of probable cause and the application for a stay.
I.
Keith Eugene Wells was convicted of felony murder on, October 23, 1991. After filing a petition for post-conviction relief in state court, Wells moved on February 22, 1993 to dismiss the petition and his appointed attorneys, Rolf Kehne and John Adams, stating in a written declaration that he desired to waive all rights to further post-conviction relief because “prolonging [his] life through years of appeals will only serve to prolong the pain and grief of not only my family members and loved ones, but that of the victims’ families and loved ones as well.” The Idaho district court held two hearings to determine Wells’ competence to dismiss the petition and concluded Wells was competent to and did knowingly and voluntary waive his right to pursue further post-conviction relief. The Idaho Supreme Court affirmed…