Opinion
S157242
03-29-2017
CAREY (DEWAYNE MICHAEL) ON H.C.
Petition for writ of habeas corpus denied (AA)
This petition for writ of habeas corpus was filed in this court on October 16, 2007, before the 2016 General Election in which the voters enacted Proposition 66, the “Death Penalty Reform and Savings Act of 2016.” This court has stayed the implementation of Proposition 66 in Briggs et al. v. Brown et al. (S238309). If Proposition 66 takes effect, the court would have authority to retain this petition and decide it under the newly enacted section 1509, subdivision (g) of the Penal Code. In these circumstances, the court has elected to rule on the petition at this time.
The petition is denied. All claims are denied on the merits.
Claim 8 is barred under In re Seaton (2004) 34 Cal.4th 193, 198-200, to the extent it could have been, but was not, raised in the trial court. Justice Werdegar would not apply the Seaton bar to this claim.
Claims 3 and 8, except to the extent they raise claims of ineffective assistance of counsel, are barred under In re Dixon (1953) 41 Cal.2d 756, 759, to the extent they could have been, but were not, raised on appeal. (See also In re Reno (2012) 55 Cal.4th 428, 443, 490-496.)