Frauenheim

I. BACKGROUND/PRIOR PROCEEDINGS

On January 19, 2012, McCarty was charged with the murder of his father, Michael Wayne McCarty. The information additionally alleged that McCarty used or discharged a firearm during the commission of the offense. McCarty pled not guilty, denied the firearm use allegations, and proceeded to a jury trial on September 25, 2012. Roughly three weeks later, the court found the jury deadlocked and declared a mistrial. On February 23, 2013, a jury was sworn to retry the case. On direct appeal of his conviction, the California Court of Appeals recounted the following facts underlying the charges against McCarty and the evidence presented on retrial: In August 2011, [McCarty] and his brother, Daniel,[1] lived with their father, Michael, in Magalia, a small community east of Chico. Their mother, Patricia, lived in a trailer park a few miles away. She and Michael were divorced. [McCarty] and Daniel also had a sister, Sarah, and nephew, Tyler, who sometimes stayed over at Michael’s house. The morning of the murder, the only people at the house were Michael, [McCarty], Daniel, and Tyler, who was six years old and sleeping on the couch when Daniel got up…