Odle

OPINION AND ORDER ON PETITION FOR WRIT OF HABEAS CORPUS DEATH PENALTY CASE

I.

Petitioner James Richard Odie is a prisoner of the State of California, under sentence of death. He originally petitioned this court for a writ of habeas corpus in 1988. The matter is now before the court on his amended petition filed on February 16,1993.

The procedural history of this case is summarized in this court’s order granting partial summary judgment. Odle v. Calderon, 884 F.Supp. 1404, 1410-11 (N.D.Cal.1995). The amended petition raises fifty-six claims. In three prior orders, this court denied most of the claims. See Odle v. Vasquez, 754 F.Supp. 749 (N.D.Cal.1990); Odle v. Calderon, 884 F.Supp. 1404 (N.D.Cal.1995); Odle v. Calderon, 919 F.Supp. 1367 (N.D.Cal.1996).

Three claims remain. The court granted an evidentiary hearing on two of those claims, which hearing has been held and submitted for decision. The third claim is one of cumulative error. Those three claims are the subject of this order.

II.

The two claims that were the subject of the evidentiary hearing and are now submitted before this court are Claims H and I. They allege the following. Claim H: Failure of the state to…