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.