In Re Lucas

In People v. Lucas (1995) 12 Cal.4th 415 [ 48 Cal.Rptr.2d 525 , 907 P.2d 373 ], we affirmed the judgment against petitioner Larry Douglas Lucas, who is confined in state prison under sentence of death for the murders of an elderly couple who resided next door to him. The prosecution’s evidence was that petitioner entered the couple’s home with the intent to commit a burglary and that he killed the victims when they discovered him in the course of the burglary. Petitioner’s primary defense was that he killed the victims while in a drug-induced state of unconsciousness.

Petitioner filed a timely petition for writ of habeas corpus seeking relief on various grounds, and this court issued an order to show cause on issues limited to claims of asserted ineffective assistance of counsel at the penalty phase of the trial and asserted juror misconduct during deliberations at the guilt phase. We subsequently appointed a referee to conduct an evidentiary hearing and to make findings upon questions relating to these claims. After the evidentiary hearing, the referee determined that there was a factual basis for petitioner’s claims with respect to asserted deficiencies of counsel at…