Opinion
S156682
03-28-2018
WILLIAMS (GEORGE BRETT) ON H.C.
Petition for writ of habeas corpus denied (AA)
On the court's own motion, this matter is transferred to the Superior Court of California, County of Los Angeles, for adjudication of the claim set forth in this court's July 13, 2016, order to show cause: whether “the prosecutor exercised peremptory challenges against prospective jurors with racially discriminatory intent, as alleged in Claim I.”
All remaining claims in the petition are denied on the merits.
Claim III, to the extent it alleges the prosecutor engaged in false and misleading argument regarding the presence of drugs at the murder scene, and except to the extent it alleges ineffective assistance of counsel, it is procedurally barred under In re Dixon (1953) 41 Cal.2d 756, 759, to the extent it could have been raised on appeal but was not.
This court retains jurisdiction over all matters concerning the appointment of counsel for petitioner and the payment of appointed counsel's fees and expenses. The following practices will apply to requests that this court (a) pay attorney fees for counsel appointed by this court or (b) reimburse necessary and reasonable expenses related to the habeas corpus proceeding. Such requests will be governed by the Payment Guidelines for Appointed Counsel Representing Indigent Criminal Appellants in the California Supreme Court, Guidelines II.I and III. Counsel must first obtain the superior court's recommendation for payment. However, the superior court's recommendation is not binding on the Supreme Court, which will exercise independent review of the request.
Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.