Chappell

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RICHARD DEAN CLARK, Case No. 3:97-cv-20618-WHO Petitioner, DEATH PENALTY CASE v. JUDGMENT RON BROOMFIELD, Acting Warden, San Quentin State Prison, 11 Respondent. 12 13 The May 9, 2022, Order on Remand (Dkt. No. 592) recites my essential findings and 14 conclusions on remand from the decision in Clark v. Chappell, 936 F.3d 944, 972-73 (9th Cir. 15 2019) (per curiam) and is hereby incorporated into this judgment. In summary, those findings 16 were that, as respondent concedes, the juror misconduct involving juror Fredrick Barnes during 17 petitioner Richard Dean Clark’s trial was presumptively prejudicial as to the jury’s penalty phase 18 verdict imposing a death sentence on Clark. I further found that respondent has failed to carry his 19 burden of showing that this presumptively prejudicial error was harmless, as required by Godoy v. 20 Spearman, 861 F.3d 956 (9th Cir. 2017). I therefore concluded that, on the current record, Clark’s 21 rights to due process and an…