In re Bacigalupo

Opinion

KENNARD, J.

On petitioner’s automatic appeal in this death penalty case, we affirmed the judgment. Thereafter, petitioner filed a habeas corpus petition. We ordered an evidentiary hearing on petitioner’s claim that the prosecution had failed to disclose evidence that would have supported a case in mitigation at the penalty phase that petitioner committed the two murders *315because of a Colombian drug cartel’s death threats against him and his family. After hearing the testimony of 17 witnesses, the referee found merit to petitioner’s claim. We uphold that determination by the referee, and…