Opinion
S138147
02-28-2018
SMITH (GREGORY SCOTT) ON H.C.
Petition for writ of habeas corpus denied (AA)
This second amended petition for writ of habeas corpus was filed in this court on January 30, 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 is denied. All claims are denied on the merits.
In addition, procedural bars apply to some claims, or subparts of claims, as follows:
Claims 4, 5, 6, 7, 23, 24, 27, 28, 29, 30, 31, 33, 34 and 35 are all procedurally barred under In re Waltreus (1965) 62 Cal.2d 218, 225, because they were raised and rejected on appeal.
Claims 26, 32, and 47 are procedurally barred under In re Dixon (1953) 41 Cal.2d 756, 759 because they could have been, but were not, raised on appeal.
Claim 39 is denied as premature.