In re CrewAnnotate this Case
Petitioner was convicted of one count of murder and one count of grand theft where the jury found true a special circumstance allegation that the murder was for financial gain. Petitioner was sentenced to death for the murder and on automatic appeal, the court affirmed the judgment. Petitioner timely filed a petition for a writ of habeas corpus seeking relief from the judgment and alleging, among other things, ineffective representation by his trial counsel at the penalty phase of his capital trial for failing to adequately investigate and present mitigating evidence. The court held that petitioner had not established that he was entitled to habeas corpus relief on his claim that his trial counsel was ineffective. The court also held that because the order to show cause and the court's reference order were limited to this claim, the court would not address any other claim set forth in the petition, which would be resolved by separate order. Accordingly, the order to show cause was discharged.