Visciotti

Concurrence by

ORDER

The opinion filed October 17, 2016 is amended as follows:

1. At page 48, footnote 15 of the opinion, delete “Because we conclude that counsel’s performance was not deficient, we do not consider the prejudice prong of the Strickland, analysis.” Add the following text in its place:

With the aforementioned change, the panel has unanimously voted to deny appellant’s petition for rehearing. Judge Ber-zon has voted to deny the petition for rehearing en banc. Judges Pregerson and Tashima recommend denial of the- petition for rehearing en banc.

The full court has been advised of the petition for rehearing en banc, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35.

The petition for rehearing is denied and the petition for rehearing en banc is rejected. No new petition for panel rehearing or petition for rehearing en banc will be entertained.

OPINION

In 1983, an Orange County jury convicted John Visciotti of first-degree murder, attempted murder, and robbery. The same jury then sentenced Visciotti to death.

On direct, automatic appeal, the California Supreme Court affirmed the judgment in its entirety. People v.…

joined by PREGERSON, Circuit Judge, concurring:

Not surprisingly, I join the principal opinion in full. I write separately to emphasize one point: This case illustrates that Supreme Court summary reversals cannot, and do not, reflect the same complete understanding of a case as decisions after plenary review. Relying on broad language in such decisions, as we do in Section III.A, supra, is an obligation of intermediate .courts of appeals. But fulfilling that obligation does not require that we blinker reality by pretending that the summary reversal entailed full consideration of the issues covered by the language of the Supreme Court opinion issued.

At the certiorari stage, the parties’ submissions are — quite properly — not designed comprehensively to inform the Court about the merits of a case. The Supreme Court’s Rules explain that petitions for certiorari “will be granted only for compelling reasons,” including when (1) the decision below conflicts with the decisions of federal courts of appeals or state courts of last resort on an “important matter” or “an important federal question”; (2) the decision conflicts with Supreme Court decision on an “important question of…