Opinion
S167792
02-21-2018
LOKER (KEITH THOMAS) ON H.C.
Petition for writ of habeas corpus denied (AA)
This petition for writ of habeas corpus was filed in this court on October 27, 2008, and amended on April 29, 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 9, which is denied as premature and without prejudice to its renewal after an execution date is set.
Claim 2, 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 2 and 5, 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 3, 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.