In re Seumanu
Annotate this Case
In the case considered by the Court of Appeal of the State of California First Appellate District, Ropati Afatia Seumanu sought a certificate of appealability (COA) for nine claims in his habeas corpus petition. The petition was filed after the superior court dismissed his previously filed petition in a capital case. The court determined that it could issue a COA for one of the claims but declined to do so for the remaining eight.
Seumanu had been convicted of first-degree murder, kidnapping to commit robbery, and first-degree robbery, with special circumstances that led to a death penalty sentence. His appeal and subsequent habeas corpus petition were both unsuccessful. In 2022, Seumanu filed a new petition presenting nine claims not previously raised. The superior court dismissed the new petition as 'successive' under a specific provision of the Penal Code, meaning the claims were not new or different but rather repeated or supplemented those in the original petition.
The appellate court found that the court orders regarding the habeas petition did not materially impair a fair adjudication of the case. The court determined that the ten-day time limit for granting or denying COA requests in the Court of Appeal was directory rather than mandatory. The court also agreed to appoint specific attorneys to represent Seumanu in his appeal.
In terms of the specific claims, Seumanu argued that he was denied a fair penalty phase trial, that the trial court allowed the prosecution and defense to stipulate to the removal of potential jurors, and that the process of 'death qualifying' juries violated the rights of prospective jurors. The court found that the claims did not meet the requirements for relief or substantiality and upheld the superior court's dismissal.
The court did grant a COA for a part of one claim which argued that a potential juror was improperly excused for cause which could result in a penalty retrial. However, for the remaining claims, the court found that Seumanu had not met the burden of demonstrating a substantial claim for relief or a substantial claim that the requirements of the relevant subdivision of the Penal Code had been met. As such, the court denied Seumanu's request for a COA for these claims.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.