Pearson

INTRODUCTION

14 In 1996, Michael Pearson was convicted on two counts of first-degree murder 15 accompanied by the multiple murder special circumstance and was sentenced to death on both 16 counts. His convictions and sentence were affirmed on appeal. People v. Pearson, 56 Cal.4th 393 17 (2013). He has filed a federal petition for writ of habeas corpus and respondent has asserted 18 procedural defenses to some of the claims alleged in the petition. This order addresses 19 respondent’s procedural defenses.

STATEMENT

21 According to the opinion of the California Supreme Court on direct appeal, it was 22 “undisputed” at trial that petitioner “hunted down and fatally shot two of his former coworkers” at 23 the Richmond Housing Authority minutes after he was fired for repeatedly threatening to carry out 24 a mass shooting at the Authority. 56 Cal.4th at 403. Following its decision affirming petitioner’s 25 conviction and sentence, the California Supreme Court issued the following summary denial of 26 petitioner’s state petition for habeas corpus relief: 27 1 The petition for writ of habeas corpus is denied. All claims are denied on the 2 merits. Claims 2 through 5 (except…