IN RE: Charles Edward WHITT. (1994)

Supreme Court of California.

IN RE: Charles Edward WHITT.

No. S023494.

Decided: January 13, 1994

Each of the claims lacks merit.

In addition, the following claims are procedurally barred to the extent they were raised and rejected on appeal (In re Waltreus (1965) 62 Cal.2d 218, 225): (1) claims involving “retroactive” changes in the law governing the felony-murder special circumstance, (2) claims involving the effect of the DeLoach testimony on the validity of the felony-murder special circumstance, and (3) the claim concerning denial of petitioner's right to testify at the penalty phase.

MOSK, and KENNARD, JJ., are of the opinion an order to show cause should issue.

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