Edgar M. Hendricks v. Daniel Vasquez, Warden, and the Attorney General of the State of California

In petitioning this court for a writ of habeas corpus, Edgar M. Hendricks alleges numerous constitutional errors with respect to his conviction for murder, sentence of death, and habeas corpus appeal. All but one of Hendricks' claims are unavailing. Because we find that the district court erred in failing to conduct an eviden-tiary hearing with , respect to Hendricks’ ineffective assistance of counsel claim, we remand this case for a hearing on that claim.

Hendricks committed the San Francisco murders which are the subject of this petition in late 1980. In September of that year, Hendricks agreed to have sex with Joseph Nelson in return for a fee. Hendricks accompanied Nelson to the latter’s apartment where they had sex. Hendricks also had sex with James Parmer, Nelson’s roommate. A few days later, Hendricks returned to the apartment, broke in, and shot Parmer six times at point blank range. He took Parmer’s checkbook and fled. Shortly thereafter, Hendricks had a paid sexual encounter with Charleston Haynes in the latter’s apartment. After the encounter, Hendricks shot Haynes five times at point blank range, took Haynes’ checkbook, and fled.

Although this appeal concerns only…