Jeffers

ORDER

This is an appeal from the district court’s denial of a second petition for habeas corpus by Jimmie Wayne Jeffers, an Arizona prisoner under a sentence of death scheduled to be carried out at 12:01 tomorrow morning, September 13, 1995, about four hours from now. The district court denied the petition and the stay of execution, but granted a certificate of probable cause. Jeffers now asks us to stay his execution so that this court can review his claim on the merits. We stay his execution.

The claim that Jeffers asserts is a right to the appointment of conflict-free counsel, to permit him to raise for the first time claims of ineffective assistance of counsel at the guilt and sentencing phases of his trial, and on direct appeal from his conviction and sentence. An amicus brief filed in the district court by the Arizona Capital Representation Project presents colorable arguments that Jeffers was denied effective assistance of counsel in his trial and sentencing and on direct appeal. For example, amicus represents that Jeffers was released on bail from a prior charge when he committed his murder. The judge who released him was subjected to substantial press criticism as a…