Bruce Wayne Morris v. Eddie Ylst, Acting Warden for the California State Prison at San Quentin

A California jury found Petitioner Bruce Wayne Morris guilty of first-degree murder and robbery, and he was sentenced to death in 1987. We have considered his petition for a writ of habeas corpus, and a related mandamus petition, on three previous occasions and have already vacated Petitioner’s death sentence and ordered a new penalty-phase trial. In this fourth appeal, we consider the last two remaining guilt-phase issues: alleged failure of the prosecution to turn over material exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), and alleged presentation of perjured testimony in violation of Mooney v. Holohan, 294 U.S. 103 , 55 S.Ct. 340 , 79 L.Ed. 791 (1935) (per curiam), and Napue v. Illinois, 360 U.S. 264 , 79 S.Ct. 1173 , 3 L.Ed.2d 1217 (1959). For the reasons that we explain below, we affirm Petitioner’s convictions. The case is remanded with instructions to grant the writ as to the penalty subject to the state’s retrying the penalty phase within a reasonable time.

FACTUAL BACKGROUND

A. The Crimes and the Trial

In 1985, Petitioner, his girlfriend Avette Barrett, and Barrett’s sister Allison Eck-strom hitchhiked from…