WALKER v. MARTEL
803 F.Supp.2d 1032 (2011)
Marvin Pete WALKER, Petitioner,
Michael MARTEL, Acting Warden of California State Prison at San Quentin, Respondent.
No. C 94-1997 SBA.
United States District Court, N.D. California, Oakland Division.
March 31, 2011.
MEMORANDUM AND ORDER GRANTING IN PART, DENYING IN PART AND DISMISSING IN PART PETITION FOR WRIT OF HABEAS CORPUS; FINDINGS OF FACT AND CONCLUSIONS OF LAWDEATH PENALTY CASE
SAUNDRA BROWN ARMSTRONG, District Judge.Introduction
Petitioner was convicted and sentenced to death for murder, assault, robbery and
other crimes in August 1980. The California Supreme Court affirmed petitioner's conviction and death sentence on December 27, 1988. People v. Walker, 47 Cal.3d 605, 253 Cal.Rptr. 863, 765 P.2d 70 (1988). Petitioner's state petition for writ of habeas corpus was denied in September 1992; his petition for writ of certiorari was denied in March 1993. Walker v. California, 507 U.S. 979, 113 S.Ct. 1433, 122 L.Ed.2d 800 (1993).
Petitioner filed his first federal Petition for Writ of Habeas Corpus on May 20, 1997. This court found the petition to be unexhausted in part in April 1998, and petitioner filed a second state petition for writ of habeas corpus on June 5, 1998. The California Supreme Court denied the petition on December 22, 2004, both on the merits and on various procedural grounds.
Petitioner filed his Second Amended Petition for Writ of Habeas Corpus in this court on January 12, 2005. Per an order dated October 14, 2005, this court granted respondent's motion to dismiss Claims 9, 16, 19B(e), 19B(f), 19B(aa), 19B(cc) and 21 as procedurally defaulted. The parties subsequently brought cross-motions for summary judgment. Per an order dated September 28, 2007, this court granted summary judgment in favor of respondent as to Claims 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 17, 18, 19A, 19B(a), 19B(b), 19B(c), 19B(d), 19B(e), 19B(g), 19B(h), 19B(bb), 19B(dd) and 19B(ee); petitioner's motion for summary judgment with respect to the same claims was denied. A decision as to Claims 2 and 22 was deferred.