Federal Courts O392
To decide, for purposes of federal habeas
review, whether state trial court’s
procedural ruling, that petitioner had
waived certain claims asserted in his third
petition for state postconviction relief by
failing to assert them earlier, was truly
independent of merits, United States Supreme
Court would certify to Arizona Supreme
Court question of whether, at time
of petitioner’s third petition for state postconviction
relief, question of whether asserted
claim was of ‘‘sufficient constitutional
magnitude’’ to require a knowing,
voluntary and intelligent waiver depended
on merits of particular claim, or merely
upon particular right allegedly violated.
28 U.S.C.A. § 2254.
PER CURIAM.
Federal Courts O392To decide, for purposes of federal habeasreview, whether state trial court’sprocedural ruling, that petitioner hadwaived certain claims asserted in his thirdpetition for state postconviction relief byfailing to assert them earlier, was trulyindependent of merits, United States SupremeCourt would certify to Arizona SupremeCourt question of whether, at timeof petitioner’s third petition for state postconvictionrelief, question of whether assertedclaim was of ‘‘sufficient constitutionalmagnitude’’ to require a knowing,voluntary and intelligent waiver dependedon merits of particular claim, or merelyupon particular right allegedly violated.28 U.S.C.A. § 2254.PER CURIAM.
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