Opinion
S096438
03-14-2018
CARTER (TRACEY LAVELL) ON H.C.
Order filed
The court's January 17, 2018, order is modified in its entirety as follows:
On the court's own motion, this matter is transferred to the Superior Court of California, County of Los Angeles, for adjudication of the claims set forth in this court's November 13, 2008, amended order to show cause: “ineffective assistance of counsel in the penalty phase (1) in failing to investigate and present evidence of petitioner's alleged brain damage and life and family history, as alleged in part IX of the petition; and (2) in hiring, preparing and examining mental health experts, as alleged in part XII of the petition.” Accordingly, this court's April 10, 2013, order directing that a reference hearing be conducted, and the May 1, 2013, order appointing Judge William C. Ryan as this court's referee are vacated.
All other claims set forth in the petition for writ of habeas corpus are denied on the merits, except the claim alleged in part XVIII, which is denied as premature.
In addition, the claims alleged in parts X, XVII, XXI (to the extent it is based on the record), and XXIV (except to the extent it alleges ineffective assistance of counsel) are procedurally barred under In re Dixon (1953) 41 Cal.2d 756, 759 because the claims could have been raised on appeal, and the claims alleged in parts XX and XXIII are procedurally barred under In re Seaton (2004) 34 Cal.4th 193, 200, because they could have been raised at trial.
This court retains jurisdiction over all matters concerning the appointment of counsel for petitioner and the payment of appointed counsel's fees and expenses. The following practices will apply to requests that this court (a) pay attorney fees for counsel appointed by this court or (b) reimburse necessary and reasonable expenses related to the habeas corpus proceeding. Such requests will be governed by the Payment Guidelines for Appointed Counsel Representing Indigent Criminal Appellants in the California Supreme Court, Guidelines II.I and III. Counsel must first obtain the superior court's recommendation for payment. However, the superior court's recommendation is not binding on the Supreme Court, which will exercise independent review of the request.