Cite as: 523 U. S. 538 (1998)
Opinion of the Court
R. Gillette, Senior Assistant Attorney General, and Pamela A. Ratner, Supervising Deputy Attorney General. Gregory A. Long argued the cause for respondent. With him on the brief were Quin Denvir and Andrew S. Love, by appointment of the Court, 522 U. S. 1014.*
Justice Kennedy delivered the opinion of the Court. Thomas M. Thompson was convicted in California state court of the rape and murder of Ginger Fleischli. More than 15 years after the crime, 13 years after Thompson's conviction, and 7 years after Thompson filed his first petition for federal habeas relief, the United States Court of Appeals for the Ninth Circuit issued its mandate denying the writ of habeas corpus. Two days before Thompson's scheduled execution, however, the Court of Appeals, sitting en banc, recalled the mandate and granted habeas relief to Thompson. The case presents two issues: First, whether the Court of Appeals' order recalling its mandate violated 28 U. S. C. § 2244(b) (1994 ed., Supp. II), as amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub. L. 104-132, § 104, 110 Stat. 1218; and second, whether the
*Briefs of amici curiae urging reversal were filed for the State of Arizona et al. by Grant Woods, Attorney General of Arizona, Paul J. McMurdie, and Randall M. Howe, Assistant Attorney General, joined by the Attorneys General for their respective States as follows: M. Jane Brady of Delaware, Robert A. Butterworth of Florida, Alan G. Lance of Idaho, Carla J. Stovall of Kansas, Richard P. Ieyoub of Louisiana, Jeremiah W. Nixon of Missouri, Joseph P. Mazurek of Montana, Don Stenberg of Nebraska, Frankie Sue Del Papa of Nevada, Dennis C. Vacco of New York, Michael F. Easley of North Carolina, Betty D. Montgomery of Ohio, W. A. Drew Edmondson of Oklahoma, D. Michael Fisher of Pennsylvania, Charles M. Condon of South Carolina, Mark W. Barnett of South Dakota, Jan Graham of Utah, Christine O. Gregoire of Washington, and Richard Cullen of Virginia; and for the Criminal Justice Legal Foundation by Kent S. Scheidegger.
Edward M. Chikofsky and Barbara E. Bergman filed a brief for the National Association of Criminal Defense Lawyers as amicus curiae urging affirmance.
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