In re Freeman CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Underlying Crime and Conviction Late one evening in June 1985, then 17-year-old Freeman killed a neighbor while she was in her yard. At the time, he resented her because she used to call him “Frank,” instead of his correct name. In addition, shortly before the killing, Freeman had asked another neighbor to lend him an air pump to repair a bike tire. That neighbor refused and called Freeman a racial slur, which upset him. Feeling angry, Freeman hurled two rocks at the victim. The first rock missed her, so he threw another. The second rock struck her head and she fell to the ground on her driveway. Freeman went over to her and thought about “put[ting] [] water on her to bring her back . . . from being knocked out.” But she “started breathing and [] making noise,” so Freeman “thought she was all right.” He left her and went home; he “was scared, paranoid.” The victim’s nine-year-old son discovered her and summoned help. The victim’s head injury proved fatal; she died three days later. Later in 1985, Freeman pleaded guilty to second degree murder. In 1986, the superior court sentenced Freeman to 15 years to life in prison. B. Habeas Corpus and…