06–6407. Attached to the motion were a letter and a declaration from two individuals, a psychologist and a law professor, who had interviewed petitioner while on death row on February 3, 2004.

Pp. , “promot[ing] judicial efficiency and conservation of judicial resources, … and lend[ing] finality to state court judgments within a reasonable time,” Day v. McDonough, On February 25, at an informal status conference, the court denied two of petitioner's motions, indicating it would consider the others when the court-appointed mental health experts completed their evaluations. When it enacted AEDPA, Congress "further restrict[ed] the availability of relief to habeas petitioners" and placed new "limits on successive petitions."

Order in Case No. 06–6407. Ibid. Panetti was sentenced to death for the 1992 murder of the parents of his estranged wife.

Ante, at 2853-2854 (citing Martinez-Villareal, supra, at 645, 118 S. Ct. 1618, n.).

Because the Court quibbles over the precise meaning of Ford's opinions with respect to an issue that was not presented in that case, what emerges is a half-baked holding that leaves the details of the insanity standard for the District Court to work out. Ibid. Rector v. Lockhart, 783 F. Supp. Yet petitioner failed to receive even this rudimentary process. Because that result does not follow naturally from Ford, today's opinion can be understood only as holding for the first time that the Eighth Amendment requires "rational understanding.". 2d 335 (2002) (looking for "objective evidence of contemporary values," the "clearest and most reliable" of which is the "legislation enacted by the country's legislatures" (internal quotation marks omitted)).

Tex.Code Crim. Does the Eighth Amendment permit the execution of an inmate who has a factual awareness of the State's stated reason for his execution, but who lacks, due to mental illness, a rational understanding of the State's justification?

A-04-CA-042-SS *2872 (Jan. 30, 2004), p. 4.

See 1 Ohio App. § 2244(b)(3). 2d 335 (2002); Ford, 477 U.S., at 406-410, 106 S. Ct. 2595.

Rather, the pre-AEDPA abuse of the writ doctrine allowed courts to entertain second or successive applications in certain circumstances. 3310 (hereinafter Motion to Ensure); Ex Parte Motion for Prepayment of Funds To Hire Mental Health Expert To Assist Defense in Article 46.05 Proceedings in Cause No. See also Castro v. United States, 540 U.S. 375, 381, 124 S. Ct. 786, 157 L. Ed. While the later filing "may have been the second time that [the prisoner] had asked the federal courts to provide relief on his Ford claim," the Court declined to accept that there were, as a result, "two separate applications, [with] the second ... necessarily subject to § 2244(b)." Ante, at 2857. It also followed the reasoning and arguments advanced in APA’s brief. Security, Unique

Tex.Code Crim.

Accordingly, § 2244(b) requires dismissal of Panetti's "second ... habeas corpus application.".

[6] This application was itself Panetti's second bite at the apple in the state court on the question of his competency to be executed. And under a similar logic the other rationales set forth by Ford fail to align with the distinctions drawn by the Court of Appeals.

523 U.S., at 643-645, 118 S. Ct. 1618; cf. The court-appointed experts returned with their evaluation on April 28, 2004. HAVEN’T FOUND ESSAY YOU WANT? In 1992, Panetti killed his parents-in-law by shooting them at close range inside their Texas home while his wife and daughter watched in terror. Yet in the portion of Justice Marshall's discussion constituting the opinion of the Court (the portion Justice Powell joined) the majority did reach the express conclusion that the Constitution "places a substantive restriction on the State's power to take the life of an insane prisoner." Hence, *2873 Panetti is not entitled to federal habeas relief under § 2254. 544 U. S. 269 By accepting certiorari review of this case, the Supreme Court of the United States will determine whether executing a mentally ill prisoner who lacks “rational understanding” of the reasons for his execution would violate the Eighth Amendment. The Court has declined to interpret "second or successive" as referring to all § 2254 applications filed second or successively in time, even when the later filings address a state-court judgment already challenged in a prior § 2254 application.

Id., at 26, 21, 22. The sole remaining question, then, is whether the state court "receive[d] evidence and argument from the prisoner's counsel, including expert psychiatric evidence that may differ from the State's own psychiatric examination." 28–30.

Texas law, moreover, provides that a court's finding of incompetency will be made on the basis of, inter alia, a "final competency hearing." Keith S. Hampton, Austin, Texas, Gregory W. Wiercioch, San Francisco, California, for Petitioner. Petitioner’s experts in the District Court concluded that, although he claims to understand that the State says it wants to execute him for murder, his mental problems have resulted in the delusion that the stated reason is a sham, and that the State actually wants to execute him to stop him from preaching. See Caldwell, supra, at 130. rational understanding of why the state planned to execute him.

There is likewise no right to transcribed court proceedings, videotaped examinations, or any other specific protocols for conducting competency evaluations.

Petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S.C.

2d 335 (1986), that he is incompetent to be executed. It found petitioner had not shown incompetency as defined by Circuit precedent. Scott Louis Panetti.

To the extent a more complete record may have put some of the court's actions in a more favorable light, this only constitutes further evidence of the inadequacy of the proceedings. But Panetti does not argue that the court-appointed experts were not impartial nor does he explain how the canceled status conference caused him any harm.

2d, at 712.

To the contrary, we have confirmed that claims of incompetency to be executed remain unripe at early stages of the proceedings. Ibid. Ante, at 2857. 3310 (Gillespie Cty., Tex., 216th Jud.

Panetti brings a claim under Ford v. Wainwright, 477 U.S. 399, 106 S. Ct. 2595, 91 L. Ed. Although he understands that he killed two people and he knows that the state’s stated reason for his execution is because of the murders, he believes that the state actually intends to execute him in order to carry out a satanic conspiracy against him.

See Martinez-Villareal, 523 U.S., at 644-645, 118 S. Ct. 1618; see also ibid. Under the Florida law at issue in Ford, the Governor—not a court—made the final decision as to the condemned prisoner's sanity. Nor does the Court identify any pre-AEDPA case in which a subsequent habeas application challenging the same state-court judgment was considered anything but "second or successive.

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