Richard Boyer v. Kevin Chappell

OPINION

O’SCANNLAIN, Circuit Judge:

We must decide whether the California Supreme Court violated the United States Constitution in affirming a habeas petitioner’s two first degree murder convictions and his death sentence.

I

A California state court jury convicted Richard Delmer Boyer of the double murder of an elderly couple, Francis and Aileen Harbitz. After a separate penalty proceeding, the jury returned a sentence of death. 1

A

1

At the guilt phase of trial, the prosecution showed that the Harbitzes had been stabbed to death in their Fullerton, California home on December 7, 1982. When their…