Martinez-Villareal

Ramon Martinez-Villareal moves this court for, inter alia, a stay of execution and leave to file a subsequent petition in district court. For the reason explained below, we stay the execution and order further briefing.

I

Background

Martinez-Villareal was convicted of murder in Arizona and his conviction and sentence of death were upheld by the Arizona Supreme Court. State v. Martinez-Villareal, 145 Ariz. 441 , 702 P.2d 670 , cert. denied, 474 U.S. 975 , 106 S.Ct. 339 , 88 L.Ed.2d 324 (1985). Martinez-Villareal was thereafter unsuccessful in several State post-conviction relief petitions, and we denied relief in Martinez-Villareal v. Lewis, 80 F.3d 1301 (9th Cir.), cert. denied, — U.S. -, 117 S.Ct. 588 , 136 L.Ed.2d 517 (1996). In that deci *626 sion, we specifically held that Martinez-Villa-real’s claim that he was incompetent to be executed was premature. Id. at 1309, n. 1.

Martinez-Villareal returned to the courts of Arizona in February, 1997, by filing a “Motion Pursuant to ARS § 13-4022.” Arizona’s statutory scheme, as embodied in that section, authorizes the superior court to appoint experts and hold a hearing concerning a condemned prisoner’s competence to be executed…