Keith Daniel Williams v. Arthur Calderon, Warden, San Quentin State Prison

Petitioner Keith Daniel Williams, sentenced to death for committing three murders, appeals the district court’s denial of his petition for a writ of habeas corpus. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253. Although we agree that some of Williams’ claims identify defects in his sentencing, none of these flaws rise to the level of prejudicial or harmful error warranting habeas relief. We therefore affirm.

I

Keith Daniel Williams, Robert Tyson, and three others were out driving on Saturday, September 30, 1978, when their car broke down. Williams and Tyson decided to rob a nearby camper. They forced the couple occupying the vehicle out and, as the couple fled, Williams fired several shots over then-heads into the air.

In part to sell off the contents of the camper, Williams, Tyson and others held a yard sale. On Friday, October 6, Miguel Vargas, Salvadore Vargas and Lourdes Meza came to the sale. Miguel expressed interest in selling his car for $1500. He returned the next day with Meza and agreed to sell the car. One of the members of the group wrote out a check on a checkbook stolen from the camper. Vargas also expressed interest in buying Williams’ Beretta.

After…