Opinion
S158842
11-28-2018
BARNWELL (LAMAR) ON H.C.
Order to show cause issued, returnable in Superior Court
This petition for writ of habeas corpus was filed in this court on December 6, 2007, and amended on January 22, 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 Secretary of the Department of Corrections and Rehabilitation is ordered to show cause in the Superior Court of California, County of Los Angeles, when the matter is placed on calendar, why the relief prayed for should not be granted on the ground that petitioner is intellectually disabled within the meaning of Atkins v. Virginia (2002) 536 U.S. 304, as alleged in Claim 20 (see In re Hawthorne (2005) 35 Cal.4th 40; Petitioner's Exhs. 3 & 4).
The return is to be filed on or before December 28, 2018.
All remaining claims in the petition are denied on the merits, except for Claims 26 and 27, which are denied as premature and without prejudice to their renewal after an execution date is set.
Claim 10, except to the extent it alleges ineffective assistance of counsel, is procedurally barred under In re Waltreus (1965) 62 Cal.2d 218, 225, to the extent it was raised and rejected on appeal.
Claims 7, 8, 11, 12, 14, and 22, except to the extent they allege ineffective assistance of counsel, are procedurally barred under In re Dixon (1953) 41 Cal.2d 756, 759, to the extent they could have been raised on appeal but were not.
Claim 9, except to the extent it alleges ineffective assistance of counsel, is procedurally barred under In re Seaton (2004) 34 Cal.4th 193, 201, to the extent it could have been raised in the trial court but was not.
Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.