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

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misconduct as talking with her mother and her friend, this ex post facto statement ofruling was revisionist in that the court now identified the misconduct as: "Juror No. 10 has been influenced by outside sources." The court stated: []The court then ruled and again rules and clarifies as follows: Last Friday, June 30, the year 2000, in excusing Juror No. 10 for misconduct, the court based on her demeanor and statements, found good cause to discharge the juror, and the juror's conduct raised a presumption of prejudice similar to those found in People vs. Daniels. Moreover, the court additionally found that the jury impasse at 10 to 2, coupled with Juror No. 10 being influenced by outside sources, her mother and friend, precluded this court from offering to have Juror No. 10 continue to deliberate with the other 11 jurors after offering more instruction or readbacks. Effectively, Juror No. 10 tied this court's hands from offering further instructions as recommended by the California and U.S. Supreme Court in People vs. Keenan, 46 Ca1.3d 478, 534, particularly the footnote 27, and Lowenfleld vs. Phelps, 484 U.S. 231, a 1988 Supreme Court case, or readbacks to see if the jurors need more information to continue to deliberate because Juror No. 10 has been influenced by outside sources. The court, exercising its discretion upon the evidence received indicating juror misconduct, excused Juror No. 10 and replaced her with Alternate No.2. (18RT 4473:5-27; emphasis added.) 3. The Trial Court's Reasons For Removing Juror No. 10 Are Not Established To A Demonstrable Reality Here, the trial court stated it relied upon Juror No. 10's demeanor, statements, discussions with her mother and friend, and the fact she had been influenced by others. As to the juror's demeanor, beyond its generalized reference to the juror's demeanor, the court made no specific finding regarding demeanor evidence. And, the record is otherwise silent regarding the juror's demeanor. Neither defense counsel, nor the court, nor the prosecutor commented about the juror's demeanor. 140
establishes, for example, that, where an issue may not have been properly preserved at trial, an appellate court may review an issue in an exercise of its own discretion; that issues relating to the deprivation of fundamental constitutional rights or to pure questions of law are reviewable without proper preservation below. For these reasons, appellant respectfully submits this issue is not procedurally barred. 145
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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
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may not cross-examine a witness upo
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itself to appellant would be improp
Page 103 and 104: B. The Court Erred In Refusing The
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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 and 150: (18RT 4450:12-14) or her mother (18
Page 151 and 152: had in fact reached an impasse at t
Page 153: There is an impasse. It is hung. Bu
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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