Richard Boyde v. Jill Brown, Warden of California State Prison at San Quentin

Richard Boyde was convicted in California state court of robbery, kidnaping for robbery and murder, and sentenced to death. He petitioned the district court for a writ of habeas corpus, challenging his conviction and sentence. The district court denied his petition, and Boyde now appeals.

Facts

In early January 1981, Boyde robbed David Baker, an attendant at a Union 76 gas station in Riverside, California. After stealing a small amount of cash and Baker’s watch, Boyde forced Baker into Baker’s car and ordered him to drive around for several hours. When the car stalled out, Boyde asked Baker to give the police a false description of him and fled on foot.

Ten days later, Boyde robbed a 7-Elev-en gas station in Riverside, this time along with his nephew, Carl Franklin Ellison. One of the two men went into the station with a gun and took some money from a cash register, as well as several hats and hatbands. They kidnaped Dickie Gibson, the store clerk, and drove him to a nearby orange grove. There, Boyde shot Gibson twice in the head, killing him.

A jury convicted Boyde of robbery and kidnaping for robbery in connection with the Baker incident, and robbery, kidnaping for robbery…