Opinion
S160814
03-14-2018
VIRGIL (LESTER WAYNE) 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 13, 2008, 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.
Except to the extent it alleges ineffective assistance of counsel, Claim XIII is also procedurally barred under In re Waltreus (1965) 62 Cal.2d 218, 225, to the extent it was raised on appeal.
Except to the extent it alleges ineffective assistance of counsel, Claims VII, IX, XVI, and XVII are also 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.
Except to the extent it alleges ineffective assistance of counsel, and to the extent that it could have been raised in the trial court, but was not, and raising it in the trial court was necessary for preserving the issue on appeal, Claim XVII is also procedurally barred under In re Seaton (2004) 34 Cal.4th 193, 201.