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In re Weaver

California Supreme Court (Minute Order)
Nov 14, 2018
S193534 (Cal. Nov. 14, 2018)

Opinion

S193534

11-14-2018

WEAVER (LA TWON) ON H.C.


Petition for writ of habeas corpus denied (AA)

This petition for writ of habeas corpus was filed in this court on May 31, 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.

All claims in the petition are denied on the merits.

Claims 11, 16, 35, 36, and 37, except to the extent they allege ineffective assistance of counsel, are procedurally barred under In re Waltreus (1965) 62 Cal.2d 218, 225, to the extent they were raised and rejected on appeal.

Claims 5, 6, 7, 15, 17, 18, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, and 34, 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.

Claims 12, 13, and 14, except to the extent they allege ineffective assistance of counsel, are procedurally barred under In re Seaton (2004) 34 Cal.4th 193, 201, to the extent they could have been raised in the trial court but were not.

Petitioner's “Motion for Stay Pending Completion of Investigation of Selective Prosecution Claims,” filed December 29, 2017, is denied.

Liu, J., was recused and did not participate.

Presiding Justice Manuel A. Ramirez of the Court of Appeal, Fourth Appellate District, Division Two, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

Presiding Justice Barbara J.R. Jones of the Court of Appeal, First Appellate District, Division Five, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.


Summaries of

In re Weaver

California Supreme Court (Minute Order)
Nov 14, 2018
S193534 (Cal. Nov. 14, 2018)
Case details for

In re Weaver

Case Details

Full title:WEAVER (LA TWON) ON H.C.

Court:California Supreme Court (Minute Order)

Date published: Nov 14, 2018

Citations

S193534 (Cal. Nov. 14, 2018)