IN RE: Stephen Wayne ANDERSON on Habeas Corpus. (1996)

Petitioner's request (1) for judicial notice of the appellate record in the underlying appeals, and (2) for a protective order sealing the “Supplemental Exhibits” and related materials received herein on November 29, 1995, are granted. All parties and their counsel are directed not to disclose the contents of the sealed materials to anyone. Petitioner's counsel is directed to serve copies of the Supplemental Exhibits and related materials on the Attorney General within 10 days of the date of filing this order.

The petition for writ of habeas corpus is denied. With the exception of claim AQ (incompetent appellate representation), all claims (including those raised in petitioner's Supplemental Allegations) are based on information that was long known, or should have been long know, to petitioner or his counsel and could have been raised on appeal or in an earlier habeas corpus petition. No sufficient justification has been offered to explain the delay, and no fundamental miscarriage of justice has been demonstrated to excuse it. Accordingly, those claims are denied as untimely. (See Supreme Court Policies Regarding Cases Arising From Judgments of Death, Std. 1-1.2; In re Clark (1993) 5 Cal.4th 750, 783-787, 797-798; In re Harris (1993) 5 Cal.4th 813, 829.)

The following claims, including all subclaims, are also denied because they could have been, but were not, raised on appeal (see In re Harris, supra, 5 Cal.4th at p. 825, fn. 3; In re Dixon (1953) 41 Cal.2d 756): Claims

B,I,J,M,N,Q,R,S,T,U,Z,AA,AD,AE,AG,AH,AI, and AJ.

The following claims, including all subclaims are also denied on the merits (see Harris v. Reed (1989) 489 U.S. 255, 264, fn. 10): Claims A,D,E,F,G,H,I, J,K (except for K. 18 and K.20), L,O,P,Q,V,W,X (except for X. 13), Y,Z,AB (except for AB.10), AC,AD,AE,AF,AG,AH,AI,AJ,AK,AL,AM,AN,AO,AP and AQ.