Opinion
S178123
08-15-2018
BUTLER (RAYMOND OSCAR) ON H.C.
Order: (dispositive)
This petition for writ of habeas corpus was filed in this court on November 19, 2009, and amended on June 10, 2013, before the effective date of Proposition 66, the “Death Penalty Reform and Savings Act of 2016.” (See Briggs v. Brown et al. (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 of juror misconduct, as alleged in Claim Five.
The return is to be filed on or before September 14, 2018.
All remaining claims in the petition are denied on the merits.
Except to the extent they allege ineffective assistance of counsel, Claims Four (except to the extent it alleges prosecutorial misconduct for failing to disclose information) and Six are also 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.
This court retains jurisdiction over all matters concerning the appointment of counsel for petitioner.
Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.