Odle

OPINION AND ORDER ON PETITION FOR WRIT OF HABEAS CORPUS

I.

This is a petition for a writ of habeas corpus filed under 28 U.S.C. § 2254 by James Richard Odie, a prisoner in state custody. Petitioner is under sentence of death. Petitioner is represented by counsel appointed to him by this court pursuant to N.D.Cal.Local R. 296, ¶ 4.

The petition alleges seven claims of constitutional error in petitioner’s state trial and death sentence. The state has filed an answer denying that the trial and sentence were unconstitutional. The state has not argued that any of petitioner’s claims raise “new constitutional rules” which cannot be considered by this court under Teague v. Lane, 489 U.S. 288, 310 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989); and this court is not required to consider the question sua sponte. See Collins v. Youngblood, — U.S.-, 110 S.Ct. 2715, 2718 , 111 L.Ed.2d 30 (1990). Petitioner has filed a traverse and, after oral argument, the petition was submitted to the court for decision. This court has reviewed the record of this proceeding, the state court record, the briefs and arguments of counsel, and the applicable authorities. It has done so with the principle in mind…