David Luther Ghent v. Jeanne S. Woodford, Warden, of California State Prison at San Quentin

David Luther Ghent, a prisoner currently on California’s death row, appeals the district court’s dismissal of his habeas corpus petition and asks this court for relief on several grounds related to both his convictions and his death sentence. We hold that the district court erred in finding the admission of testimony in violation of Ghent’s Miranda rights in the special circumstances retrial to be harmless error. Accordingly, we reverse the district court’s holding in part and remand with instructions to vacate Ghent’s death sentence. As to Ghent’s other claims, we reject those that seek relief from his convictions and do not reach those that involve the penalty phase of his trial.

I. Background

The following facts are taken from the California Supreme Court’s decision in People v. Ghent, 43 Cal.3d 739 , 239 Cal. Rptr. 82, 739 P.2d 1250 (1987). Additional facts pertinent to each claim will be presented in the relevant sections.

In the early morning hours of February 21, 1978, Ghent entered the bedroom of his housemate, Jacqueline Preskitt. He jumped onto her bed and requested a sexual act, ignoring her screaming and struggling. Ms. Preskitt’s child entered the bedroom,…