Bible v. Schriro, 2011 U.S. App. LEXIS 13178

Bible convicted of first-degree murder, kidnapping, and child molestation; sentenced to death in 1990.
Arizona sought execution warrant; Bible sought DNA testing of trial hairs after the warrant issued.
Arizona Supreme Court denied relief on DNA testing request and stay; Supreme Court of the United States has not acted on certiorari petition.
Bible sought a second or successive federal habeas petition under 28 U.S.C. § 2244(b)(3) and a stay of execution.
District and appellate court procedures addressed association of counsel and stays; the Ninth Circuit denied the requests and affirmed denial of leave to file a second or successive petition.
Decision: Bible’s application for permission to file a second or successive habeas petition and related stay motions denied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Bible may file a second or successive habeas petition under §2244(b)(2)	Bible argues new evidence and actual innocence via DNA testing.	State asserts DNA testing does not satisfy the new-evidence or actual-innocence tests.	Denied: §2244(b)(2) not satisfied.
Whether DNA testing could establish actual innocence	DNA testing would exonerate or show another responsible party.	Even with testing, overwhelming trial evidence remains; innocence not shown.	Denied: testing would not render no reasonable factfinder guilty.
Whether a stay of execution is warranted while the petition is pending	Requests for stay pending appeal.	No stay necessary given delay and hardships; representation remains adequate.	Denied: stay denied as moot and not warranted.

Landrigan v. Trujillo, 623 F.3d 1253 (9th Cir. 2010) (prima facie showing for new-evidence condition under §2244(b)(2))
King v. Trujillo, 638 F.3d 726 (9th Cir. 2011) (per curiam; standard for actual innocence inquiry under §2244(b)(2))
Woratzeck v. Stewart, 118 F.3d 648 (9th Cir. 1997) (per curiam; framework for SOS petitions)