In Re Stankewitz

Opinion

MOSK, J.

Petitioner Laird Gene Stankewitz seeks a writ of habeas corpus after he was convicted of first degree murder and robbery and sentenced to death. His automatic appeal from that judgment is pending in this court. (Pen. Code, § 1239, subd. (b).) In this proceeding he contends he was denied a fair trial because one of the jurors introduced erroneous “law” on a crucial issue into the guilt phase deliberations. We conclude the contention is meritorious and hence the judgment must be vacated.

The events leading to the judgment, insofar as relevant to this petition, are undisputed.

Petiti…