JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Stevens, Souter, Ginsburg, and Breyer, JJ., joined. Thomas, J., filed a dissenting opinion, in which Roberts, C. J., and Scalia and Alito, JJ., joined.

Argued. For petitioner: Gregory W. Wiercioch, San Francisco, Cal. For respondent: R. Ted Cruz, Solicitor General, Austin, Tex.

Supplemental brief of respondent Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Correctional Institutions Division filed. (Distributed)

Supplemental brief of petitioner Scott Louis Panetti filed. (Distributed)

Reply of petitioner Scott Louis Panetti filed. (Distributed)

The parties are directed to file supplemental briefs addressing the following question: Must petitioner's habeas application be dismissed as "second or successive" pursuant to 28 U.S.C. Sec. 2244 The briefs, not to exceed 15 pages, are to be filed with

Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)

Brief of respondent Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Correctional Institutions Division filed. (Distributed)

Record received from U.S. D.C. for Western District of Texas. (1 box)

CIRCULATED.

Record received from U.S.C.A. for 5th Circuit. (1 envelope)

Motion to appoint counsel filed by petitioner GRANTED. Keith S. Hampton, Esquire, of Austin, Texas is appointed to serve as counsel for the petitioner in this case. (orders list)

Brief amicus curiae of Legal Historians filed.

Joint appendix filed. (Jt. appendix in two volumes. Vol.II oversize.)

Brief of petitioner Scott Louis Panetti filed.

Brief amicus curiae of American Bar Association filed.

Brief amici curiae of American Psychological Association, et al. filed.

Consent to the filing of amicus briefs in support of either party received from counsel for the petitioner.

Consent to the filing of amicus briefs in support of either party received from counsel for the respondent.

Extension of time within which to file the joint appendix and petitioner's brief on the merits to and including February 22, 2007.

Motion DISTRIBUTED for Conference of February 23, 2007.

SET FOR ARGUMENT ON Wednesday, April 18, 2007.

Motion to appoint counsel filed by petitioner Scott Louis Panetti.

Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. (orders list)

Reply of petitioner Scott Louis Panetti filed. (Distributed)

DISTRIBUTED for Conference of January 5, 2007.

Brief amicus curiae of National Alliance for the Mentally Ill filed.

Brief of respondent Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Correctional Institutions Division in opposition filed.

Order extending time to file response to petition to and including November 13, 2006.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 12, 2006)

Scott Louis Panetti, Petitioner, represented by Keith S. Hampton

Scott Louis Panetti, Petitioner, represented by Gregory William Wiercioch

Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent, represented by R. Ted Cruz

Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent, represented by Gena B. Bunn

Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent, represented by Tina J. Dettmer

American Bar Association, Amicus Curiae, represented by Karen J. Mathis

American Psychological Association, et al., Amicus Curiae, represented by David W. Ogden

Criminal Justice Legal Foundation, Amicus Curiae, represented by Kent S. Scheidegger

Legal Historians, Amicus Curiae, represented by Robert N. Weiner

National Alliance for the Mentally IllDivision, Amicus Curiae, represented by John H. Blume