A judge on the U.S. District Court for the Eastern District of California last week issued an order in Frye v. Warden granting a writ of habeas corpus and vacating a death sentence the Supreme Court affirmed 27 years ago for a 1985 double murder (People v. Frye (1998) 18 Cal.4th 894). The Supreme Court also denied two habeas corpus petitions. (Here and here.)
The judge ruled the defendant had established his “constitutional rights were violated because one of the jurors . . . spoke with her minister in between the trial and penalty phase about what the bible had to say about the death penalty.”
The order directs California to “either initiate a new penalty phase trial or resentence Frye.” Another option is to appeal the order to the Ninth Circuit.
