dissenting:
After Comer’s habeas counsel filed a notice of appeal from denial of his petition for a writ of habeas corpus on February 13, 1998, he sought to terminate counsel’s representation and to withdraw his appeal. Acting on Comer’s requests, the state moved to dismiss in April 2000. On June 6, 2000 we remanded to the district court for an evidentiary hearing on whether Comer was competent to do this, and to determine whether his decision was voluntary. Comer v. Stewart, 215 F.3d 910 (9th Cir.2000) (Comer I). The court held a three-day evidentiary hearing and rendered its decision October 16, 2002 finding that Comer was competent and that his decision to withdraw his appeal was voluntary. Comer v. Stewart, 230 F.Supp.2d 1016 (D.Ariz.2002).
*892Habeas counsel appealed this decision. Sua sponte, the majority stayed further action pending the outcome of en banc proceedings in Summerlin v. Stewart, 267 F.3d 926 (9th Cir.2001), as to whether Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002), was retroactive on collateral review. Comer v. Stewart, 312 F.3d 1157 (9th Cir.2002) (Comer II). I disagreed with this order, id. at 1158, but regardless, once the Supreme Court definitively ruled that Ring does not apply retroactively to habeas petitions, Schriro v. Summerlin, 542 U.S. 348, 124 S.Ct. 2519, 159 L.Ed.2d 442 (2004), rev’g Summerlin v. Stewart, 341 F.3d 1082 (9th Cir.2003) (en banc), there was no excuse for not ruling on the state’s motion to dismiss. However, again sua sponte, the majority on January 20, 2005 ordered the parties to brief whether Comer can waive his pending habeas appeal if the district court erred in denying his original habeas petition and his constitutional rights were in fact violated during his state trial. They did, and we heard oral argument on May 17, 2005.
We are now mid-way through 2006 without a ruling on the motions on which we reserved judgment on June 6, 2000. More than a year has gone by since oral argument. Not surprisingly, Comer has filed papers complaining about this court’s inaction. He repeats the request that his habeas lawyers be removed, and that all papers filed by habeas counsel since November 2000 be stricken. Comer asks that this panel either rule or turn the case over to another panel. The state agrees that the court should expeditiously rule on the matter before it.
So do I. There is no reason for not ruling; we have had plenty of time to give full and fair consideration to all sides of all issues. Comer and the people of Arizona are entitled to a decision, and we have a duty to render one. See In re Blodgett, 502 U.S. 236, 239, 112 S.Ct. 674, 116 L.Ed.2d 669 (1992) (per curiam).