In re Seumanu
Opinion
Opinion
Streeter, J.
Filed 3/27/24 (unmodified opn. attached)
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FOUR
In re
ROPATI AFATIA SEUMANU A169146
on Habeas Corpus. (Alameda County Super. Ct. Nos. HCH24057A1, H24057A)
ORDER MODIFYING OPINION;
NO CHANGE IN JUDGMENT
BY THE COURT:
The court orders that the opinion filed on March 11, 2024, be modified as follows: 1. On page 27, in the second sentence of the third paragraph change the word “pass” to “passes” so the sentence reads:
None of these claims passes the debatable-among-jurists-of- reason test for substantiality.
2. On page 28, in the first sentence of the first full paragraph, insert the phrase “while he was gambling with a group of other juveniles” after the words “as a 14-year-old” so the sentence reads:
In claim one, Seumanu argues he was denied a fundamentally fair penalty phase trial because his trial counsel failed to object to the prosecution’s characterization of a fight Seumanu was involved in as a 14-year-old while he was gambling with a group of other juveniles.