TABLE OF CONTENTS - California
TABLE OF CONTENTS
TABLE OF CONTENTS
i
TABLE OF AUTHORITIES
x
STATEMENT OF APPEALABILITY
1
STATEMENT OF THE CASE
2
STATEMENT OF FACTS
6
A. PEOPLE'S CASE-IN-CHIEF
6
The Discovery ofAvril's Body
10
Appellant's Gifts to His Daughter
II
Discovery ofthe Burglary
II
Physical Evidence
12
B. DEFENSE CASE
13
Appellant's Guilt Phase Testimony.
13
James Young's Testimony
17
Donald Thomas' Testimony
17
Officer Palmieri's Testimony
19
Timothy Akers' Testimony
20
Ronald Siegel 's Testimony
20
C. PEOPLE'S REBUTTAL CASE
21
D. THE PROSECUTION'S PENALTY PHASE EVIDENCE
23
Appellant's In-Custody Admission ofGuilt
24
Evidence About the Victim
25
The Robbery ofErania McClelland
28
Appellant's Violence Toward Family Members
30
Appellant's Assault on Peggy Garner
3J
The Attempted Robbery ofMaria Garcia
34
The Epperson Robbery
35
Appellant's Criminal History
36
E. DEFENSE PENALTY PHASE EVIDENCE
ARGUMENT AND AUTHORITY
36
57
LEAD PROSECUTOR GLYNN'S LEAK OF A STORY
TO A NEWSPAPER REPORTER DURING HOVEY
QUALIFICATION WAS REPREHENSIBLE
PROSECUTORIAL MISCONDUCT THAT DENIED
APPELLANT HIS RIGHTS TO DUE PROCESS, JURY
TRIAL AND A RELIABLE DETERMINATION OF
PENALTY UNDER THE UNITED STATES AND
CALIFORNIA CONSTITUTIONS
57
A. Introduction
57
B. Deputy District Attorney Glynn's Attempts to Try
the Case in the Media During the First Trial Even
As the Prosecution Was Attempting to Prevent Defense
Counsel From Providing Information to the Media
58
C. The Incident Underlying Glynn's Second
Leak to the Press
62
D. Glynn's Second Attempt to Influence the
Outcome ofThis Case Through the Media
65
E. Glynn's Leak to Bentley Constituted Misconduct
74
11
F. Necessity for Reversal
82
G. The Trial Court's Admonition to the Jury Did Not
Cure the Prejudice That Flowed from the Prosecution's
Pervasive Efforts to Influence the Outcome ofthe Case
Through the Media
84
H. Conclusion
86
-
APPELLANT'S CONVICTION AND SENTENCE
MUST BE REVERSED BECAUSE THE PROSECUTOR'S
USE OF A PEREMPTORY CHALLENGE TO EXCUSE
PROSPECTIVE JUROR KELVIN SMITH DENIED
APPELLANT'S RIGHTS TO EQUAL PROTECTION
AND A JURY SELECTED FROM A REPRESENTATIVE
CROSS-SECTION OF THE COMMUNITY IN VIOLATION
OF THE UNITED STATES AND CALIFORNIA
CONSTITUTIONS
APPELLANT'S DEATH SENTENCE MUST BE
REVERSED BECAUSE THE TRIAL COURT ERRED
BY GRANTING CAUSE CHALLENGES BY THE
PROSECUTION AND DENYING APPELLANT'S
CAUSE CHALLENGE TO A JUROR, DENYING
APPELLANT HIS SIXTH AND FOURTEENTH
AMENDMENT RIGHTS TO TRIAL BY A FAIR
AND IMPARTIAL JURy
A. Life-Prone Jurors Were Wrongly Excused
88
103
105
Prospective Juror Frances Texeira
105
Prospective Juror Edwin Todd
106
Prospective Juror Frances Rios
107
Prospective Juror Richard Howie
109
Prospective Juror Rose Charles
III
Prospective Juror Dolores Keirn
113
111
Prospective Juror Ilse Lopez
115
Prospective Juror Roscoe Barge
116
Prospective Juror Linda Galvan
118
B. Death-Prone Jurors Were Wrongly Retained
'
in the Jury Pool.
120
C. Defense Counsel's Failure to Exhaust Appellant's
Peremptory Challenges Does Not Negate the Requirement
That Appellant's Sentence Be Reversed
121
D. Necessity for Reversal
124
APPELLANT'S SENTENCE MUST BE REVERSED
BECAUSE THE PRESUMPTION OF PREJUDICE
RAISED BY THE RECEIPT OF EXTRANEOUS
INFORMATION BY MEMBERS OF THE JURY
WASNOTREBUTTED
129
131
A. General Legal Principles
SHOULD THIS COURT REJECT THE CONTENTIONS
RAISED BY APPELLANT IN ARGUMENTS TWO
AND FOUR ABOVE, APPELLANTS CONVICTION
AND SENTENCE MUST BE REVERSED BECAUSE
APPELLANT HAS BEEN DENIED HIS DUE PROCESS
RIGHT TO AN ADEQUATE RECORD ON APPEAL
140
PROSECUTORIAL MISCONDUCT IN CLOSING
ARGUMENT UNFAIRLY PREJUDICED APPELLANT'S
PENALTY PHASE TRIAL
147
A. Prosecutor Glynn's Arguments Constituted
Misconduct Because Glynn Urged the Jury to
Impose a Death Sentence Based on Nonstatutory
Factors in Aggravation
IV
149
................
................
In order to avoid copyright disputes, this page is only a partial summary.
To fulfill the demand for quickly locating and searching documents.
It is intelligent file search solution for home and business.
Related download
- marriages of inmates federal bureau of prisons
- costs of capital punishment in california
- law school clinics serving prisoners
- california death penalty unconstitutional appeal
- 9 10 2012 costs of capital punishment in california will
- the management of death sentenced inmates
- table of contents california
- death row u s a
- california department of corrections and rehabilitation
- jones v chappell central district of california
Related searches
- table of common cardiac medications
- mbti table of personality types
- time table of examination 2019
- complete table of values calculator
- table of values equation calculator
- table of values generator
- graph table of values calculator
- linear equation table of values
- table of standard scores and percentiles
- table of derivatives pdf
- table of integrals exponential functions
- table of exponential integrals