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

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impasse, and that it was important that the trial court make the necessary inquiry. The trial court refused all requests for further inquiry. On each ofthese occasions, the trial court responded to counsel's comments with a restatement of its ruling, which appellant has set forth in the following section. For the purposes of the present discussion, however, the point appellant makes is that the record shows to a demonstrable reality that Juror No. 1D's responses to the court's inquiry, the jury foreperson's responses and notification of impasse, and the temporal proximity of the events created a confusion as to the status of the penalty verdict, and that the trial court refused the repeated requests to have the matter clarified. On the other hand, the record very clearly does not support to a demonstrable reality respondent's contention that Juror No. 10 caused the jury to change its unanimous vote for the death penalty to a 10-2 deadlock. Accordingly, this flawed factual construction must be rejected. 2.The Trial Court's Various Restatements Of Its Ruling Barnwell explained that under the demonstrable reality standard the reviewing court must be assured that the trial court's conclusion is manifestly supported by the evidence upon which the court actually relied. The reviewing court therefore must consider not only the evidence, but also the record ofreasons provided by the trial court. (People v. Barnwell, supra, 41 Ca1.4th at p. 1053.) In this case, the trial court provided multiple restatements of its ruling. These restatements show that although the court initially concluded Juror No. 10 had committed misconduct by discussing the case with nonjurors, in its final restatement of its ruling, the court found Juror No. 10 had committed misconduct because she had been influenced by outside sources. Appellant reproduces the court's articulations of its ruling below. The record of reasons provided by the court are not supported by the evidence to a demonstrable reality. Following the hearing with Juror No. 10, summarized in the opening brief (AOB 264-268), the defense asked the court to inquire and clarify whether the jury 136
had in fact reached an impasse at the close ofthe day on Wednesday, prior to Juror No. 10's conversations with her mother and friend. The trial court refused. (l8RT 4453-4455.) as follows: Counsel for Nunez summarized the results ofthe hearing with Juror No. 10, [Juror No. 10] apparently received no advice from anybody or no statement from anybody except that apparently the most that happened when the lady pointed a hand, she indicated that one hand was the verdict, and I don't fmd anything indicating that she was acting upon any suggestions or advice or even received any, but only made that one comment. Thank you. (18RT 4455:10-18.) As noted above, the trial court made numerous separate statements regarding its ruling, revisiting it after defense counsel sought to have the court clarify whether Juror No. lOin fact held her conversations after the jury had reached the impasse late Wednesday that became the subject of the written notification of impasse on Thursday morning. Prior to removing Juror No. 10, the court said: All right. This court, based upon what Juror No. 10 has described for this court, finds that there is juror misconduct. The fact that the juror maybe believed that there is a verdict, it is actually a taking of a vote. Jurors take several votes and continue deliberating. The only time they have a verdict is when they sign the verdict form. The fact that they may have taken a vote, even ifthey're at an impasse, did not mean there was a verdict. Now that she has discussed the matter with outside parties, it effectively takes away the opportunity for this court to even give further instructions or further readbacks, and that taints the process, that closes it; and the only thing that I can say is that it happened not in the guilt phase, but at the penalty phase on Wednesday night, specifically or [sic] Wednesday after adjournment; and the only thing that she disclosed to the jurors, as I understand from her statement, is that she said she confided in her mother and a friend. So therefore, based upon the case of People v. Daniels, 52 Ca1.3d 815, this court fmds based upon the juror's demeanor, and also based upon the juror's comments, that there is misconduct on the juror's part pursuant to 137
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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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trial and had therefore forfeited t
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merits of appellant's claim. (AOB a
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jury trial. (People v. Gottman (197
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Respondent argues that another theo
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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 141 and 142: inherent power to review an issue i
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: (18RT 4450:12-14) or her mother (18
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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