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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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- Page 87 and 88: 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
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- Page 101 and 102: 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
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- 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 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
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- Page 138: It is submitted that these instruct
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- 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
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