Opinion
S158512
01-31-2018
THORNTON (MARK SCOTT) ON H.C.
Petition for writ of habeas corpus denied (AA)
This petition for writ of habeas corpus was filed in this court on September 21, 2010, 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.
Additionally, Claims One, Four, and Fifteen, except insofar as they allege ineffective assistance of counsel, are barred to the extent they were raised and rejected on appeal. (See In re Waltreus (1965 62 Cal.2d 218, 225.)
Claims One, Two, Five, and Six, except insofar as they allege ineffective assistance of counsel, are barred to the extent they could have been, but were not, raised on appeal. (See In re Dixon (1953) 41 Cal.2d 756, 759; see also In re Reno (2012) 55 Cal.4th 428, 443, 490-496.)
Claims One and Six, except insofar as they allege ineffective assistance of counsel, are barred to the extent they could have been, but were not, raised in the trial court. (See In re Seaton (2004) 34 Cal.4th 193, 198-200.)