In re Seumanu

facts bear on our analysis—on issues of prejudice, certainly they do—a factual recitation of the circumstances surrounding the offenses may be found in the Supreme Court’s opinion affirming Seumanu’s convictions and sentence on direct appeal. (See People v. Seumanu (2015) 61 Cal.4th 1293, 1303–1307 (Seumanu).) We assume familiarity with that opinion. In 2000, a jury in Alameda County Superior Court convicted Seumanu of first degree murder (§ 187), kidnapping to commit robbery (§ 209, subd. (a)), and first degree robbery (§ 211). (Seumanu, supra, 61 Cal.4th at p. 1302.) Along with its verdicts of guilt on the first degree murder and kidnapping charges, the jury found true special circumstance allegations that Seumanu committed a murder while engaged in the commission of a robbery and a kidnapping. (§ 190.2, subd. (a)(17)(A) & (B); Seumanu, at p. 1302.) In addition, the jury found that for all three felonies, Seumanu used a firearm, to wit, a shotgun. (§ 12022.5; Seumanu, at p. 1302.) After weighing the aggravating and mitigating evidence, the jury set the penalty at death under the 1978 death penalty law. (§ 190.1 et seq.; Seumanu, at p. 1302.) The California Supreme Court affirmed…