Appellant, William Satele, Reply Brief - California Courts - State of ...
Appellant, William Satele, Reply Brief - California Courts - State of ...
Appellant, William Satele, Reply Brief - California Courts - State of ...
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
B. Prospective Jurors 4965, 8971, And In Particular, Juror 2211 Did Not<br />
Take An "Adequate 'Trial Juror' Oath"<br />
Respondent does not dispute that the trial court failed to administer the oath<br />
required by Code <strong>of</strong> Civil Procedure section 232, subdivision (b), to Jurors 4965,<br />
8971, and 2211. (RB at p. 85.)<br />
Code <strong>of</strong> Civil Procedure section 232, subdivisions (a) and (b), govern the<br />
swearing <strong>of</strong>trial jurors. (People v. Chavez (1991) 231 Cal.App.3d 1471, 1484.) It<br />
provides:<br />
As soon as the selection <strong>of</strong>the trial jury is completed, the<br />
following acknowledgment and agreement shall be obtained from<br />
the trial jurors, which shall be acknowledged by the statement, "I<br />
do":<br />
Do you and each <strong>of</strong>you understand and agree that you will<br />
well and truly try the cause now pending before this court, and a true<br />
verdict render according only to the evidence presented to you and to<br />
the instructions <strong>of</strong>the court. (Code Civ. Proc., § 232, subd. (b).)<br />
Respondent contends, however, that Jurors 4965, 8971, and 2211<br />
nonetheless took an "adequate 'trial juror' oath" (RB at p. 79) when they took the<br />
prospective juror's oath (Code Civ. Proc., § 232, subd. (a»;l1 in combination with<br />
the alternate juror's oath; and answered "No" to Question 226 on the jury<br />
questionnaire. (RB at pp. 85-87.)<br />
Question 226 on the juror questionnaire asked:<br />
Uyou are selected as a jury, you must render your verdict<br />
based solely on the evidence, and the law as given you by the Court,<br />
free <strong>of</strong>any passion, prejudice, sympathy or bias, either for or against<br />
Daniel Nunez and <strong>William</strong> <strong>Satele</strong>, or the <strong>State</strong>. Do you have any<br />
difficulty accepting this principle?<br />
Yes_No_ (26CT 7508.)<br />
11 The oaths provided for in Code <strong>of</strong>Civil Procedure section 232, subds. (a) and<br />
(b) are reproduced in <strong>Appellant</strong>'s Opening <strong>Brief</strong>at p. 209.<br />
111