Death Sentence Vacated; IAC in Penalty Phase Investigation. In re Lucas, no. S050142 (Cal.SupremeCt., July 26, 2004).

Holdings: (1) Juror who had used heroin, marijuana, cocaine, LSD, and amphetamines in the past did not commit misconduct by drawing on that life experience during jury deliberations to speculate about the role defendant's drug use had in the offense. (2) Trial counsel failed to obtain and present to the penalty phase jury readily available evidence that appellant had been extremely abused as a child: "Between the ages of three and seven years, he was beaten regularly, given inadequate food, dressed in rags during Ohio winters, forced to sleep under the bed, disciplined by being burned with a cigarette and by the administration of chili peppers to his genitals, and excoriated because of the circumstances of his birth. His sister was not subject to abuse; petitioner often was fed solely on her leftovers." Counsel's omissions constituted ineffective representation and entitled the petitioner to a new penalty phase trial.

This unanimous opinion was authored by Chief Justice George. Steven L. Friedlander of Cooley Godward in San Francisco represented the petition; Deputy A.G. Mary Sanchez represented the state.