In re Gaines

This is a petition for habeas corpus urging that a judgment of death must be reversed because, during the penalty trial of petitioner, errors of the type condemned by People v. Morse, 60 Cal.2d 631 [36 Cal.Rptr. 201, 338 P.2d 33], occurred. It is contended that such errors may be raised collaterally on habeas corpus, that they require a reversal, and that, therefore, the penalty issue must be retried. Under well-settled principles these contentions must be upheld.

The facts are that petitioner was charged with murder in Los Angeles County. The jury fixed the degree as first and determined that…