Ronald Lee Deere v. Jeanne S. Woodford, Warden, for the California State Prison at San Quentin

ORDER

I. Background

In 1982, Petitioner Ronald Deere was convicted in California state court of one count of first-degree murder with special circumstances and two counts of second-degree murder. He was sentenced to death. His convictions and death sentence followed his plea of guilty to three counts of murder and his repeatedly stated, adamant desire to be punished by execution. Upon being notified that Deere desired to plead guilty and be sentenced to death, the prosecutor suggested to the court, “as a precaution,” that Deere undergo a mental examination by a physician, Dr. Bolger, whom the prosecutor mistakenly represented to be a board-certified psychiatrist. Dr. Bolger practiced psychiatry, but was not board-certified in that specialty or any other.

Dr. Bolger reported that Deere understood the implications of his situation and was competent to plead guilty. Dr. Bolger found no evidence of psychosis or abnormal thinking. He reported that Deere was well aware of the charges facing him, understood the waiver of the right to a jury trial, and could adequately assist counsel. Glenn Jones (Deere’s lawyer) and the prosecutor stipulated to Dr. Bolger’s report, after which the…