In re Friend

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Filed 9/1/21 IN THE SUPREME COURT OF CALIFORNIA In re JACK WAYNE FRIEND on Habeas Corpus. S256914 First Appellate District, Division Three A155955 Alameda County Superior Court 81254A __________________________________________________________ ORDER MODIFYING OPINION THE COURT: The majority opinion in this case, filed on June 28, 2021, and appearing at 11 Cal.5th 720, is modified as follows: On page 743, in the first sentence of the second full paragraph, the phrase “the statute” is replaced with “section 1509(d),” so that the sentence reads: Applying these principles, we conclude that when section 1509(d) is applied to a post-Proposition 66 petition subsequent to an initial pre-Proposition 66, post-Clark petition, section 1509(d) is not operating retroactively. 1 On page 743, in the third sentence of the second full paragraph, the phrase “This provision of” is added at the beginning of the sentence, so that the sentence begins: This provision of Proposition 66 underscores the importance of presenting available claims in the first petition . . . . This modification does not affect the judgment. 2

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