IN RE ANDREWS

No. S017657.

124 Cal.Rptr.2d 473 (2002)

28 Cal.4th 1234

52 P.3d 656

In re Jesse James ANDREWS on Habeas Corpus.

Supreme Court of California.

As Modified August 26, 2002.

Rehearing Denied November 13, 2002.


Attorney(s) appearing for the Case

Fern M. Laethem and Lynne S. Coffin, State Public Defenders, Billie Jan Goldstein, Therene Powell and Donald J. Ayoob, Assistant State Public Defenders; and Michael N. Burt for Petitioner Jesse Andrews.

John K. Van de Kamp, Daniel E. Lungren and Bill Lockyer, Attorneys General, Richard B. Iglehart and George Williamson, Chief Assistant Attorneys General, Edward T. Fogel, Jr., and Carol Wendelin Pollack, Assistant Attorneys General, Marc E. Turchin, Susan Lee Frierson, William T. Harter, Kerrigan M. Reach and Suzann E. Papagoda, Deputy Attorneys General, for Respondent State of California.


BROWN, J.

I. Introduction

Petitioner Jesse James Andrews was convicted of capital murder. (See People v. Andrews (1989) 49 Cal.3d 200, 260 Cal.Rptr. 583, 776 P.2d 285 (Andrews I).) As recounted in Andrews I, the evidence at trial established the following: "On the evening...

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