Zapien

ORDER

The opinion filed November 9, 2015, and appearing at 805 F.3d 862 , is AMENDED as reflected in the attached amended opinion. The petition for panel rehearing or rehearing en banc is DENIED. No additional petitions for rehearing are permitted.

OPINION

Conrad Zapien was convicted of first degree murder and sentenced to death by the state of California. He challenges both his conviction and sentence.

BACKGROUND

In 1987, Zapien was found guilty of killing Ruby Gonzalez in her home by shooting her four times and stabbing her five times. Zapien was a heroin addict, desperate for money, and Ruby was the mistress of his sister’s husband. The prosecution’s case at trial' was that Zapien intended to rob Ruby’s home after being told by his sister that there was money and jewelry inside. The prosecution theorized that Ruby surprised and confronted Zapien, *792 who killed her and fled town the next day. Zapien spent the months after Ruby’s death living under pseudonyms in various Christian homes, before eventually being found and arrested in Arizona.

Before Zapien’s trial began, prosecutor Gary Van Camp and his investigator Harry Heidt found a sealed envelope bearing the name of…