Opinion
S187622
06-19-2019
O'MALLEY III (JAMES FRANCIS) ON H.C.
Petition for writ of habeas corpus denied (AA)
This petition for writ of habeas corpus was filed in the court on October 26, 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 for writ of habeas corpus is denied on the merits.
Claim 4, except to the extent it alleges ineffective assistance of counsel, is procedurally barredunder In re Waltreus (1965) 62 Cal.2d 218, 225, to the extent it was raised and rejected on appeal.
Claims 3, 4, 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.