Parle

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS

INTRODUCTION

In this habeas case, the question presented is whether the state appeals court reached a decision that was objectively unreasonable, in light of United States Supreme Court holdings, when it decided that five conceded evidentiary errors did not collectively deprive petitioner of a fair trial. This order holds that the its decision was objectively unreasonable. The petition for a writ of habeas corpus is therefore Granted.

STATEMENT

The facts of petitioner Timothy Charles Parle’s trial and conviction for first-degree murder of his wife were recited exhaustively in a prior order (Order Granting Pet. For Writ 2-17 (Aug. 27, 2002)). In brief, petitioner does not protest his innocence. He concedes that he unlawfully killed his wife, Mary Parle. The only real dispute at trial was petitioner’s state of mind. The jury found him guilty of first-degree murder. Petitioner contends he was guilty of no more than second-degree murder or voluntary manslaughter, a killing done in a heat of passion or in a sudden quarrel.

On direct review, the state Court of Appeal upheld petitioner’s conviction Answer, Exh. E (People v. Parle,…