Appellant, William Satele, Reply Brief - California Courts - State of ...

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XV THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY EXCUSING A PROSPECTIVE JUROR FOR CAUSE DESPITE HER EXPRESSED WILLINGNESS TO CONSIDER IMPOSING THE DEATH PENALTY The trial court committed reversible error under Witherspoon v. Illinois (1968) 391 U.S. 510 and Wainwright v. Witt (1985) 469 U.S. 412, violating appellant's rights to a fair trial and impartial jury, and reliable penalty determination as guaranteed by the Fifth, Sixth, Eighth, and Fourteenth Amendments, by excusing a prospective juror for cause despite her willingness to fairly consider imposing the death penalty. In Witherspoon v. Illinois, supra, 391 U.S. 510 the Supreme Court established the bedrock principle that a sentence of death violated the Sixth and Fourteenth Amendments where potential jurors were excluded merely because they voiced general objections to the death penalty, so long as the potential juror's reservations about capital punishment would not prevent him or her from making an impartial decision, and the potential juror indicated that he or she could obey the oath to follow the law. (Id. at p. 513.) Adams v. Texas (1980) 448 U.S. 38 explained that a juror could not be excused because of his views unless the record showed him unable to follow the law as set forth by the court, and that it is the state's burden to prove the juror meets the criteria for dismissal. (Id. at p. 48, see also People v. Stewart (2004) 33 Cal.4th 425 - the burden of demonstrating this standard is satisfied as to each of the challenged jurors is on the prosecution.) A. Appellants Have Not Forfeited This Claim. Respondent claims the constitutional aspects of this Issue are forfeited because they were not raised at trial. (RB at p. 197.) Under the principles discussed more fully above (ante, at pp. 21-27), this issue is not waived. These principles include the fact that an appellate court has 126
inherent power to review an issue in spite of a party's failure to perfectly phrase that issue; the fact that there is an exception to the waiver rule regarding issues relating to the deprivation of fundamental, constitutional rights; and the fact that there is an exception to the waiver rule that provides that an objection may be excused when the issue involved is a pure question of law. Finally, whether the waiver rule is to be applied is largely a question ofthe appellate court's discretion, this court should address the constitutional aspects ofthis issue. B. The Trial Court Erred In Excusing Prospective Juror No. 2066 For Cause. Respondent concedes that a juror may be removed for cause only when the juror indicates that he or she "in no case would vote for capital punishment, regardless ofhis or her instructions." (RB at p. 49, Morgan v. Illinois (1992) 504 U.S. 719, 728.) However, it is clear from the proceedings below that Prospective Juror No. 2066 did not indicate that she "in no case would vote for capital punishment, regardless ofhis or her instructions." Rather, in the questionnaire she filled out, in response to Question 230(b) she answered "no" to the question of whether her views would cause her to "refuse to find the special circumstance(s) true" to prevent the penalty phase from taking place. (23CT 6585.) Likewise, in a follow-up question, Question 230(d) she answered "no" to the inquiry ofwhether "in the penalty phase" her capital punishment views would cause her to "automatically refuse to vote in favor the penalty oflife imprisonment without the possibility of parole and automatically vote for a penalty of death[.]" (23CT 6585.) In response to Question 230(e) she wrote "I might" as to whether her "yes" answer to Question 230(c) would "change" if (prior to voting) she were "instructed and ordered by the court" that she "must consider and weigh" the evidence and the aggravating and mitigating factors regarding the facts of the crime and the background and character ofthe defendant. (23CT 6586.) 127
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TABLE OF CONTENTS APPELLANT WILLIAM
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2. The Pleadings Failed To NotifY A
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VI THE JURy FAILED TO FIND THE DEGR
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C. Standard OfReview And Prejudice
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XIII APPELLANT JOINS IN ALL ISSUES
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Mitchell v. Esparza (2003) 540 U.S.
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People v. Cruz (2001) 93 Cal.App.4t
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People v. Scott (1978) 21 Cal. 3d 2
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CALlIC No. 8.31 passim CALJIC No. 8
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ARGUMENTS GUILT PHASE ISSUES I THE
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the facts indicate that only one de
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form finding "personal use" to have
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57 Cal.AppAth 871, 877; 9 Witkin, C
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the weapon. Without again recountin
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Respondent notes that between the m
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In another apparent attempt to just
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appellant has repeatedly said, the
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not present them to the trial court
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In People v. Knighten (1980) 105 Ca
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Finally, it must be noted that the
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B. The Constitutional Issues Are No
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turn relied on the language from Wi
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Indeed, in this case the instructio
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as the prosecution's first-degree t
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F. Conclusion In summary, by failin
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As appellant explained in the openi
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in the manner suggested by responde
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Furthennore, it is well established
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Appellant has explained above and i
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Cal.App.3d 970, 992.) Instead, resp
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3. Appellant's Did Not Forfeit His
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In Argument V of the Opening Brief,
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IV IN FAILING TO REDACT PORTIONS OF
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People v. Barraza (1979) 23 Ca1.3d
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have been unreasonable for the jury
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shot Fuller and Robinson, and that
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find 'intent to kill'" on the basis
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THE COURT'S ERRONEOUS INSTRUCTION A
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Robinson's wounds indicated the sho
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caused great bodily injury or death
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use enhancement, the statutory lang
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192-193), but fails to explain how
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Then we have the words "personal us
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Page 91 and 92: merits of appellant's claim. (AOB a
Page 93 and 94: jury trial. (People v. Gottman (197
Page 95 and 96: Respondent argues that another theo
Page 97 and 98: needs to rely on the penalty verdic
Page 99 and 100: may not cross-examine a witness upo
Page 101 and 102: itself to appellant would be improp
Page 103 and 104: B. The Court Erred In Refusing The
Page 105 and 106: egarding the intent ofthe non-shoot
Page 107 and 108: B. Respondent's Arguments Are Mispl
Page 109 and 110: ut is only being allowed for use ag
Page 111 and 112: x THE TRIAL COURT ERRED IN PERMITTI
Page 113 and 114: XI THE PROSECUTOR'S MISCONDUCT IN A
Page 115 and 116: "guarantee." Appellant is not proce
Page 117 and 118: v. Berryman (1993) 6 Ca1.4th 1048,
Page 119 and 120: Contreras. Viewed in this context,
Page 122 and 123: overwhelmingly showed that only one
Page 124 and 125: XII GUILT AND PENALTY PHASE VERDICT
Page 126 and 127: Where Juror No. 2211 is concerned,
Page 128 and 129: The jury in Cruz was given a versio
Page 130 and 131: PENALTY PHASE ISSUES XIV THE TRIAL
Page 132 and 133: B. The Flaw In Respondent's Content
Page 134 and 135: participation ofall jurors. Contrar
Page 136 and 137: confuse[d]" (Harris) is no more tha
Page 138: It is submitted that these instruct
Page 143 and 144: prospective jurors who were found t
Page 145 and 146: (Id at p. 821.) This court has char
Page 147 and 148: church. (18RT 4448:4-6,4451:11-14.)
Page 149 and 150: (18RT 4450:12-14) or her mother (18
Page 151 and 152: had in fact reached an impasse at t
Page 153 and 154: There is an impasse. It is hung. Bu
Page 155 and 156: establishes, for example, that, whe
Page 157 and 158: and Code of Civil Procedure 233, wh
Page 159 and 160: a demonstrable reality. The court a
Page 161 and 162: CERTIFICATE OF WORD COUNT Rule 8.63
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Appellant, William Satele, Reply Brief - California Courts - State of ...

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