Opinion
S190405
01-31-2018
EUBANKS (SUSAN DIANNE) ON H.C.
Petition for writ of habeas corpus denied (AA)
This petition for writ of habeas corpus was filed in this court on February 7, 2011, 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 for writ of habeas corpus is denied on the merits, except for Claim Nineteen, which is denied as premature and without prejudice to its renewal after an execution date is set.
Claims Six, Seventeen, and Eighteen, 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 Six, 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.