IN RE: James Richard ODLE on Habeas Corpus. (1992)

Supreme Court Minutes

The motion to file supplemental exhibits, filed October 1, 1992, is granted.

The court has considered each of the 46 claims raised in the third post-appeal petition in this matter (filed May 8, 1992), and denies the entire petition (i.e., claims “A” through “TT”) on the merits.

In addition, the court denies claims B, L, M, N, P, Q, R, S, T, U, V, W, X, Y, Z, AA, BB, CC, DD, EE, FF, GG, HH, II, JJ, KK, LL, MM, NN, OO, and PP on procedural grounds under In re Dixon (1953) 41 Cal.2d 756, 759, because they could have been raised on appeal.

In addition, the court denies claim L on the ground that it is procedurally barred under In re Waltreus (1965) 62 Cal.2d 218, 225, because the claim was raised and rejected on appeal (People v. Odle (1988) 45 Cal.3d 386, 401-404).

In addition, the court denies claim N on the ground that it is not cognizable on habeas corpus (In re Lessard (1965) 62 Cal.2d 497, 503;  In re Terry (1971) 4 Cal.3d 911, 926).

Finally, the court denies claim Z on the ground that it fails to state facts supporting petitioner's allegation that the jury expressed a belief that life in prison without possibility of parole did not mean that petitioner would spend the rest of his life in prison (In re Swain (1949) 34 Cal.2d 300, 302).

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