The Court of Appeal dismissed a petition for rehearing filed after the court affirmed the district courts denial of a petition for writ of habeas corpus arising out of a state death penalty case because the petition was successive. (2-1.) The rules do not provide for a petition for rehearing in this situation, nor was a substantial constitutional right raised that could not have been raised in the prior petition. Judge Browning, dissented, on the grounds that since the petitioners prior vague claim of a violation under Brady v. Maryland (1963) 373 U.S. 83, was not considered on its merits, the present petition was not successive.
Case Summaries