- Page 2 and 3: TABLE OF CONTENTS APPELLANT WILLIAM
- Page 4 and 5: 2. The Pleadings Failed To NotifY A
- Page 6 and 7: VI THE JURy FAILED TO FIND THE DEGR
- Page 8 and 9: C. Standard OfReview And Prejudice
- Page 10 and 11: XIII APPELLANT JOINS IN ALL ISSUES
- Page 12 and 13: Mitchell v. Esparza (2003) 540 U.S.
- Page 14 and 15: People v. Cruz (2001) 93 Cal.App.4t
- Page 16 and 17: People v. Scott (1978) 21 Cal. 3d 2
- Page 18 and 19: CALlIC No. 8.31 passim CALJIC No. 8
- Page 20 and 21: ARGUMENTS GUILT PHASE ISSUES I THE
- Page 22 and 23: the facts indicate that only one de
- Page 24 and 25: form finding "personal use" to have
- Page 26 and 27: 57 Cal.AppAth 871, 877; 9 Witkin, C
- Page 28 and 29: the weapon. Without again recountin
- Page 30 and 31: Respondent notes that between the m
- Page 32 and 33: In another apparent attempt to just
- Page 34 and 35: appellant has repeatedly said, the
- Page 37 and 38: not present them to the trial court
- Page 39 and 40: In People v. Knighten (1980) 105 Ca
- Page 41 and 42: Finally, it must be noted that the
- Page 43 and 44: B. The Constitutional Issues Are No
- Page 45 and 46: turn relied on the language from Wi
- Page 47 and 48: Indeed, in this case the instructio
- Page 49: as the prosecution's first-degree t
- Page 53 and 54: As appellant explained in the openi
- Page 55 and 56: in the manner suggested by responde
- Page 57 and 58: Furthennore, it is well established
- Page 59 and 60: Appellant has explained above and i
- Page 61 and 62: Cal.App.3d 970, 992.) Instead, resp
- Page 63 and 64: 3. Appellant's Did Not Forfeit His
- Page 65 and 66: In Argument V of the Opening Brief,
- Page 67 and 68: IV IN FAILING TO REDACT PORTIONS OF
- Page 69 and 70: People v. Barraza (1979) 23 Ca1.3d
- Page 71 and 72: have been unreasonable for the jury
- Page 73 and 74: shot Fuller and Robinson, and that
- Page 75 and 76: find 'intent to kill'" on the basis
- Page 77 and 78: THE COURT'S ERRONEOUS INSTRUCTION A
- Page 79 and 80: Robinson's wounds indicated the sho
- Page 81 and 82: caused great bodily injury or death
- Page 83 and 84: use enhancement, the statutory lang
- Page 85 and 86: 192-193), but fails to explain how
- Page 87 and 88: Then we have the words "personal us
- Page 89 and 90: trial and had therefore forfeited t
- 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 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 and 162:
CERTIFICATE OF WORD COUNT Rule 8.63