I dissent.
I would have affirmed the judgment of the superior court on habeas corpus, in which, on the facts there disclosed, it granted relief to David Joseph Carpenter from its earlier judgment of death because the jury foreperson was demonstrably biased against him at trial. (In re Carpenter (1995) 9 Cal.4th 634, 660-687 [38 Cal.Rptr.2d 665, 889 P.2d 985] (dis. opn. of Mosk, J.).)
Therefore, I cannot now join in affirming the judgment of death on appeal.
Appellant’s petition for a rehearing was denied January 19, 2000. Mosk, J., was of the opinion that the petition should be granted.