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

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PROOF OF SERVICE BY MAIL (C.C.P. SEC. 1013.A, 2015.5) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a resident ofthe aforesaid county; I am over the age ofeighteen years and not a party to the within entitled action; my business address is P.O. Box 93579, Los Angeles, Ca 90093-0579 On June 2009, I served the within Appellant William Safele's Reply Brief on the interested parties in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Los Angeles, California addressed as follows: Carl Henry, D.A.G. Office ofthe Attorney General 300 South Spring Street Los Angeles, CA 90013 Janyce Blair 302 W. Grand Avenue Suite 3 EI Segundo, CA 90245 Counsel for appellant Nunez George Castello, D.D.A. Office ofthe District Attorney 201 N. Figueroa Street. 15th Floor Los Angeles, CA 90012 (for trial prosecutor) Laura Murry California Appellate Project 101 Second Street, Suite 600 San Francisco, CA 94105 (assisting attorney for co-appellant) Executed on June 2009, at Los Angeles, California Wes VanWinkle POBox 5216 Berkeley, CA 94705-0216 (Assisting Attorney) Carl K Osborne 2141 Rosecrans Ave #1130 EI Segundo, CA 90245-4747 Trial Counsel for appellant Satele The Honorable Tompson Ong Superior Court, Dept. 9 415 W. Ocean Blvd. Long Beach, CA 90802 William Satele P-93224, 1AC60 San Quentin State Prison San Quentin, CA 94974 I declare under penalty ofperjury that the foregoing is true and correct. David H. Goodwin 152
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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
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B. The Court Erred In Refusing The
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egarding the intent ofthe non-shoot
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B. Respondent's Arguments Are Mispl
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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,
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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 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: CERTIFICATE OF WORD COUNT Rule 8.63
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Appellant, William Satele, Reply Brief - California Courts - State of ...

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