Chappell

INTRODUCTION

11 This habeas corpus matter is on remand for application of the decision in Godoy v. 12 Spearman, 861 F.3d 956 (9th Cir. 2017), to a juror misconduct claim that was previously denied 13 on its merits. See Clark v. Chappell, 936 F.3d 944, 972-73 (9th Cir. 2019) (per curiam). I 14 conclude that, on the current record, petitioner Richard Dean Clark has established presumptive 15 prejudice to the jury’s penalty phase verdict and that respondent has not shown that such error was 16 harmless. I direct the parties to submit further briefing in accordance with this Order on whether 17 an evidentiary hearing is appropriate or efficacious in resolving petitioner’s juror misconduct 18 claim.

BACKGROUND

20 Clark was convicted of the murder and rape of fifteen-year-old Rosie Grover in Ukiah, 21 California, in July 1985. People v. Clark, 5 Cal.4th 950, 971 (1993). The jury found true three 22 charged special circumstances: i) murder during the course of rape; ii) intentional infliction of 23 bodily injury; and iii) use of a deadly weapon during the murder. Id. After the penalty phase, the 24 jury returned a death verdict and the trial court entered judgment…