Oh, it's that Kennedy guy again.
Must be sensiive to what it's like to be executed while incompetent.
SCOTUSblog:
Instead, the Court concluded, “Congress did not intend the provisions of AEDPA addressing ‘second or successive’ petitions to govern a filing in the unusual posture presented here: a [Section] 2254 application raising a Ford-based incompetency claim filed as soon as that claim is ripe.” Moreover, it emphasized, “[a]n empty formality requiring prisoners to file unripe Ford claims neither respects the limited resources available to the States nor encourages the exhaustion of state remedies.”"
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