Opinion
S151222
09-26-2018
LETNER (RICHARD LACY) ON H.C.
Petition for writ of habeas corpus denied (AA)
This petition for writ of habeas corpus was filed in this court on March 26, 2007, before the effective date of Proposition 66, the “Death Penalty Reform and Savings Act of 2016.” (See Briggs v. Brown (2017) 3 Cal.5th 808, 862, rehg. den. Oct. 25, 2017.) Under section 1509, subdivision (g) of the Penal Code, the court exercises its authority to retain this petition and decide it.
The petition is denied. All claims are denied on the merits.
Except to the extent it alleges ineffective assistance of counsel, Claim 3 is barred under In re Waltreus (1965) 62 Cal.2d 218, 225, to the extent it was raised and rejected on appeal.
Except to the extent they allege ineffective assistance of counsel, Claims 3, 4, 5, and 6, 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.
Except to the extent it alleges ineffective assistance of counsel, Claim 10 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.