Campbell

Campbell was convicted of three counts of aggravated first degree murder and sentenced to death in the State of Washington. He filed a petition for writ of habeas corpus in the federal district court, which was denied and affirmed on appeal. Campbell v. Kincheloe, 829 F.2d 1453 (9th Cir.1987), cert. denied, 488 U.S. 948 , 109 S.Ct. 380 , 102 L.Ed.2d 369 (1988). This proceeding is an appeal from the denial of a second petition for a writ of habeas corpus, contesting the conviction and the imposition of the death penalty. The district court’s jurisdiction is based on 28 U.S.C. §§ 2241 (a) and 2254; our appellate jurisdiction is based upon 28 U.S.C. § 1291 .

The issues raised concerning the second petition may be distilled to the following:

I.

Procedural History

In 1982, Charles Campbell was convicted of three counts of aggravated first degree murder and sentenced to death. His conviction was affirmed by the Washington Supreme Court. State v. Campbell, 103 Wash.2d 1 , 691 P.2d 929 (1984). A stay of execution was obtained pending action by the United States Supreme Court on Campbell’s petition for certiorari. On April 29, 1985, the petition was denied. Campbell v. Washington, 471…