Cullen

ORDER RE CLAIMS F, G, H, I, J, K, L & W.

INTRODUCTION

On December 17, 1987, petitioner was convicted by a San Mateo County jury of two counts of first degree murder, CaLPenal Code § 187, and one count of arson, CaLPenal Code § 451(b). The jury also found true the multiple murder special circumstance allegation, CaLPenal Code § 190.2(a)(3). The same jury fixed the penalty at death on February 5, 1988. On October 18, 1993, petitioner’s conviction and sentence were affirmed on direct appeal. See People v. Johnson, 6 Cal.4th 1 , 23 Cal.Rptr.2d 593 , 859 P.2d 673 (1993).

Petitioner filed a habeas petition on April 22,1997. On that same day, he also filed his second state habeas petition in the California Supreme Court. On May 2, 1997, respondent filed a motion to dismiss the federal petition on the ground that it contained unexhausted claims. On November 25, 1997, the California Supreme Court denied the second state habeas petition. Petitioner subsequently filed an amended federal petition in which he incorporated claims from the second state habeas petition.

Respondent originally filed an Answer, a Memorandum of Points and Authorities in Support of Answer and a Motion for Summary…