In Earp v. Davis, the Ninth Circuit yesterday affirmed the denial of a habeas corpus petition filed by a death row inmate. The California Supreme Court had affirmed the death sentence in 1999, denied a habeas corpus petition in 2000 (with Justice Stanley Mosk dissenting), and denied a writ petition a year ago. The Ninth Circuit says it’s the third time the case is before that court.
Ninth Circuit habeas opinions after Supreme Court death penalty affirmances (usually long after) happen fairly regularly.
