In re Jones

While his appeal from a judgment imposing the death penalty was pending before this court, petitioner Troy Lee Jones filed the petition for writ of habeas corpus that gave rise to the present proceeding. The petition, in part reiterating petitioner’s contentions on appeal, alleged that numerous failings by his trial attorney, Hugh Wesley Goodwin (defense counsel), deprived petitioner of his right to the effective assistance of counsel. Concluding that the petition stated a prima facie claim for relief, we issued an order to show cause returnable before this court.

For the reasons discussed hereafter, we conclude that defense counsel’s performance before and during the guilt phase of the trial was marked by numerous deficiencies, and that the cumulative impact of counsel’s shortcomings at that phase of the proceedings was prejudicial with regard to the judgment of guilt. Petitioner, therefore, is entitled to habeas corpus relief, and the judgment must be set aside in its entirety.

I.

The factual and procedural background of petitioner’s conviction and sentence of death is set forth fully in the companion opinion in People v. Jones (1996) 13 Cal.4th 535 , and briefly is…