The Appellate Brief - Basic Outline

[jane]

This is the basic outline for the brief which shows the page numbers for the sections. First, there is the introductory material, the statement of the case, and the statement of facts. After that the sections deal with the errors in the case: errors during voir dire, errors during the guilt phase, and errors during the penalty phase.

I'm posting this for reference, not necessarily for discussion as we have other threads for discussion of the brief.

THE APPELLATE BRIEF


TABLE OF CONTENTS


INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
STATEMENT OF THE CASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
STATEMENT OF FACTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

ERRORS OCCURRING DURING VOIR DIRE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72

I. THE TRIAL COURT IMPROPERLY DISCHARGED THIRTEEN
PROSPECTIVE JURORS OVER DEFENSE OBJECTION BASED SOLELY
ON JURY QUESTIONNAIRE ANSWERS SHOWING THAT ALTHOUGH
THEY OPPOSED THE DEATH PENALTY, THEY COULD
NEVERTHELESS CONSIDER DEATH AS AN OPTION. . . . . . . . . . . . . . . . . 72

II. THE TRIAL COURT’S IMPROPER DISCHARGE OF THIRTEEN
PROSPECTIVE JURORS BASED ON THEIR OPPOSITION TO THE
DEATH PENALTY ALSO VIOLATED MR. PETERSON’S EIGHTH
AMENDMENT RIGHT TO RELIABLE GUILT PHASE PROCEDURES,
AND REQUIRES REVERSAL OF THE CONVICTIONS AS WELL . . . . . . 108

III. THE TRIAL COURT IMPROPERLY EXCUSED AN ADDITIONAL 17
PROSPECTIVE JURORS BASED SOLELY ON JURY QUESTIONNAIRE
ANSWERS WHICH DID NOT SHOW THESE JURORS WOULD BE
UNABLE TO SET ASIDE THEIR OPPOSITION TO THE DEATH
PENALTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117

IV. BECAUSE THE TRIAL COURT ERRONEOUSLY EXCUSED FIVE
PROSPECTIVE JURORS WHO WERE EQUIVOCAL ABOUT WHETHER
THEIR ATTITUDES ABOUT THE DEATH PENALTY WOULD AFFECT
THEIR PENALTY PHASE DELIBERATIONS, REVERSAL OF THE
DEATH SENTENCE IS REQUIRED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128

ERRORS RELATING TO THE GUILT PHASE . . . . . . . . . . . . . . . . . . . . . . . . . . 148

V. THE TRIAL COURT COMMITTED PREJUDICIAL ERROR AND
VIOLATED MR. PETERSON’S STATE AND FEDERAL
CONSTITUTIONAL RIGHTS BY FORCING HIM TO TRIAL IN A
COMMUNITY WHERE 96% OF THE JURY VENIRE HAD BEEN
EXPOSED TO MASSIVE PRETRIAL PUBLICITY ABOUT THE CASE
AND NEARLY HALF OF ALL PROSPECTIVE JURORS HAD ALREADY
CONCLUDED HE WAS GUILTY OF CAPITAL MURDER . . . . . . . . . . . . . 148


VI. THE TRIAL COURT COMMITTED PREJUDICIAL ERROR, AND
VIOLATED MR. PETERSON’S FIFTH AND EIGHTH AMENDMENT
RIGHTS, BY ADMITTING DOG SCENT IDENTIFICATION EVIDENCE
THAT PROVIDED CRITICAL FACTUAL SUPPORT FOR THE STATE’S
THEORY OF THE CASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179

VII. THE TRIAL COURT CREATED AN UNCONSTITUTIONAL
PRESUMPTION, AND LIGHTENED THE STATE’S BURDEN OF PROOF
BEYOND A REASONABLE DOUBT, BY TELLING THE JURY IT
COULD INFER MR. PETERSON WAS GUILTY OF MURDER BASED
ON (1) THE DOG TRACKING EVIDENCE AND (2) ANY EVIDENCE
WHICH SUPPORTS THE ACCURACY IF THAT EVIDENCE . . . . . . . . . . . 239

VIII. THE ERROR IN INSTRUCTING THE JURY WITH CALJIC NUMBER
2.16, PERMITTING THE JURY TO CONVICT IF IT FOUND THAT THE
DOG TRACKING EVIDENCE WAS CORROBORATED BY OTHER
EVIDENCE, WAS COMPOUNDED BY THE COURT’S FAILURE TO
INFORM THE JURY THAT IT COULD RELY ON THE DOG TRACKING
EVIDENCE TO ACQUIT, AS WELL AS TO CONVICT . . . . .

IX. THE TRIAL COURT VIOLATED BOTH STATE AND FEDERAL LAW
BY ADMITTING EXPERT “SCIENTIFIC” EVIDENCE, BASED ON
WHERE CONNER’S BODY WAS FOUND, TO INFER THAT CONNER
WAS PLACED IN THE WATER WHERE MR. PETERSON HAD BEEN
FISHING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266

X. THE TRIAL COURT COMMITTED PREJUDICIAL ERROR, AND
VIOLATED MR. PETERSON’S FIFTH AND SIXTH AMENDMENT
RIGHTS, IN (1) EXCLUDING CRITICAL DEFENSE EVIDENCE
UNDERCUTTING THE STATE’S THEORY OF THE CASE, (2)
REFUSING TO ALLOW DEFENDANT TO EXAMINE EVIDENCE
ABSENT THE PRESENCE OF STATE PROSECUTORS AND (3)
REFUSING TO GRANT A MISTRIAL AFTER THE JURY ITSELF
PERFORMED AN EXPERIMENT DURING DELIBERATIONS . . . . . . . . . 297

XI. THE PROSECUTOR COMMITTED PREJUDICIAL MISCONDUCT
AND VIOLATED DUE PROCESS BY URGING THE JURY TO REJECT
THE DEFENSE THEORY AND CONVICT MR. PETERSON OF FIRST
DEGREE MURDER BECAUSE DEFENSE COUNSEL DID NOT
PRESENT DEMONSTRATIVE EVIDENCE SHOWING THE
INSTABILITY OF MR. PETERSON’S BOAT WHEN, IN FACT, THE
TRIAL COURT HAD EXCLUDED THIS VERY EVIDENCE AT THE
PROSECUTOR’S OWN REQUEST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 343

XII. THE TRIAL COURT ERRED IN DISCHARGING JUROR 5 FOR
DISCUSSING THE CASE IN VIOLATION OF THE COURT’S
ADMONITION BUT THEN REFUSING TO DISMISS OTHER JURORS
AND ALTERNATES WHO ADMITTED THEY TOO HAD DISCUSSED
THE CASE IN VIOLATION OF THE IDENTICAL ADMONITION . . . . . . . 351

XIII. THE TRIAL COURT’S FAILURE TO CONDUCT AN ADEQUATE
HEARING IN DETERMINING WHETHER JUROR 8 DISCUSSED THE
CASE WITH A NONJUROR REQUIRES REMAND . . . . . . . . . . . . . . . . . . . 386

ERRORS RELATING TO THE PENALTY PHASE . . . . . . . . . . . . . . . . . . . . . . .
398

XIV. THE TRIAL COURT COMMITTED REVERSIBLE ERROR, AND
VIOLATED MR. PETERSON’S RIGHTS UNDER THE FIFTH, SIXTH,
EIGHTH AND FOURTEENTH AMENDMENTS, WHEN IT REFUSED TO
SEAT A NEW PENALTY PHASE JURY AFTER THE JURORS WHO
CONVICTED MR. PETERSON OF MURDER WERE APPLAUDED BY
WILDLY CHEERING MOBS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398

XV. THE TRIAL COURT ERRED IN PRECLUDING MR. PETERSON FROM
PRESENTING RELEVANT MITIGATING EVIDENCE WHICH COULD
HAVE SERVED AS A BASIS FOR A SENTENCE LESS THAN DEATH . . 410
XVI. BECAUSE THE CALIFORNIA CAPITAL SENTENCING SCHEME IS
UNCONSTITUTIONAL IN NUMEROUS RESPECTS, MR. PETERSON’S
DEATH SENTENCE MUST BE REVERSED . . . . . . . . . . . . . . . . . . . . . . . . . 424