Francis Hernandez v. Kevin Chappell

Partial Concurrence and Partial Dissent by Judge Nguyen

OPINION

REINHARDT, Circuit Judge:

INTRODUCTION

As in many capital cases, the facts involved in this case are deeply disturbing and the crimes brutal. In April 1983, a jury convicted Francis Hernandez of two counts of first degree murder, two counts of rape, and two counts of forcible sodomy. After finding that each murder occurred during the commission of rape and sodomy—special circumstances permitting capital punishment—the jury returned a verdict of death. The gruesome nature of the facts makes applying an objectively simple legal…