In Re Hamilton

I concur fully in Justice Baxter’s opinion. This case presents very troubling facts, troubling not because they show jury misconduct but because they show the lengths to which petitioner’s counsel apparently went to generate a claim of misconduct.

In 1982, 12 people were chosen for the difficult task of being jurors in a death penalty case. After they rendered their verdicts, they no doubt believed that they had done their duty, and their task was completed. They were wrong.

In 1989, seven years after trial, petitioner’s counsel contacted these jurors seeking grounds to claim jury misconduct. She discovered no evidence of misconduct. Undaunted, in 1994, two new investigators questioned some of the jurors and induced several to sign declarations, including Juror Gholston, who was 76 years old at the time. Petitioner then filed this petition for writ of habeas corpus accusing Gholston of committing serious misconduct at the trial 12 years earlier. Due to these allegations, we issued an order to show cause and ordered an evidentiary hearing. At the age of 79, and 15 years *308 after she believed her jury service had concluded, the accused juror was forced to defend herself at a new…

Petitioner Michael Allen Hamilton is confined at San Quentin under a 1982 death judgment of the Tulare County Superior Court. Petitioner was convicted of the first degree murders (Pen. Code, §§ 187, 189) 1 of his pregnant wife and their unborn child. Under the 1978 death penalty law, one financial-gain and two multiple-murder special circumstances were found true. (§ 190.2, subd. (a)(1), (3).) The jury sentenced petitioner to death. In June 1989, we reversed one of the multiple-murder special circumstances but otherwise affirmed the judgment in full. (People v. Hamilton (1989) 48 Cal.3d 1142 [ 259 Cal.Rptr. 701 , 774 P.2d 730 ].)

On July 5, 1994, petitioner filed this petition for habeas corpus, raising numerous issues, including several claims of juror misconduct. We issued an order to show cause (In re Hochberg (1970) 2 Cal.3d 870, 873-874, fn. 2 [ 87 Cal.Rptr. 681 , 471 P.2d 1 ]) limited to certain issues, including whether Juror Geneva Gholston was actually biased or incompetent, and whether she had concealed bias during the jury selection process.

After receiving the return and petitioner’s traverse, we dismissed portions of the order to show cause as improvidently…

Petitioner Michael Allen Hamilton is confined at San Quentin under a 1982 death judgment of the Tulare County Superior Court. Petitioner was convicted of the first degree murders (Pen.Code, §§ 187, 189) [1] of his pregnant wife and their unborn child. Under the 1978 death penalty law, one financial-gain and two multiple-murder special circumstances were found true. (§ 190.2, subd. (a)(1), (3).) The jury sentenced petitioner to death. In June 1989, we reversed one of the multiple-murder special circumstances but otherwise affirmed the judgment in full. ( People v. Hamilton, 48 Cal.3d 1142 , 259 Cal.Rptr. 701 , 774 P.2d 730 .)

On July 5, 1994, petitioner filed this petition for habeas corpus, raising numerous issues, including several claims of juror misconduct. We issued an order to show cause ( In re Hochberg (1970) 2 Cal.3d 870, 873-874, fn. 2 , 87 Cal.Rptr. 681 , 471 P.2d 1 ) limited to certain issues, including whether Juror Geneva Gholston was actually biased or incompetent, and whether she had concealed bias during the jury selection process.

After receiving the return and petitioner's traverse, we dismissed portions of the order to show cause as improvidently…