Pinholster

I. FACTUAL AND PROCEDURAL BACKGROUND1

A. The Prosecution’s Guilt Phase Case

As recounted in the California Supreme Court’s opinion on direct appeal, Art Corona (Corona), an accomplice in the commission of most of the crimes charged, served as the pros- ecution’s primary witness. Pinholster v. Ayers (Pinholster I), 824 P.2d 571, 582 (Cal. 1992). At trial, Corona testified that he, Pinholster, and Pinholster’s co-defendant, David Brown (Brown), were attending a party at Pinholster’s apartment on the evening of January 8, 1982, when Pinholster solicited them to rob Michael Kumar, a local drug dealer. Id. Pinholster told the others that he anticipated forcing entry into Kumar’s home and taking drugs and money. Id.

As Corona drove towards Kumar’s house, Pinholster directed Corona to stop at Lisa Tapar’s residence. Id. Pinhol- ster wanted Tapar to help with the robbery, but when he knocked on her door, she refused him entry and shut the door in his face. Id. In response, Pinholster took a buck knife from 1 The California Supreme Court’s opinion in People v. Pinholster (Pin- holster I), 824 P.2d 571, 581-87 (Cal. 1992), and our three-judge panel’s majority opinion in Pinholster…