Opinion
S175920
01-24-2018
PEARSON (MICHAEL NEVAIL) ON H.C.
Petition for writ of habeas corpus denied (AA)
This petition for writ of habeas corpus was filed in this court on August 31, 2009, 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 petition for writ of habeas corpus is denied.
All claims are denied on the merits.
Claims 2 through 5 (except to the extent they allege trial counsel was ineffective), 6, and 10 (except to the extent it alleges the trial court erred by permitting Carol Walser, Ph.D., to testify concerning temporal lobe epilepsy) are procedurally barred under In re Seaton (2004) 34 Cal.4th 193, 199, because petitioner failed to preserve the claims at trial. (See also In re Reno (2012) 55 Cal.4th 428, 443, 476-478.)