PEOPLE v. WILLIAMS (GEORGE BRETT)

Appellant’s Letter Regarding Additional Authority

Cal.January 23, 2013

Attention to New Authority People v. Williams, Case No. 8030553 — fm, my YS Ji COPY DANIEL N. ABRAHAMSON, ESQ. 918 Parker St., Bldg A21 » Berkeley, CA 94710 © (510) 229-5212 » fax (510) 295-2810 SUPREME COURT Fileb January 23, 2013 JAN 23 2013 Frank A. McGuire io Clerk Court Administrator and Clerk of the Supreme Court Erank A. McGuire Vie - Supreme Court of California ——“Bosy 350 McAllister Street Depuly San Francisco, CA 94102 Re: Attention to New Authority (Issued Since the Filing of Appellant’s Reply Brief) People v. George B. Williams, Case No. S030553 (Oral Argumentset for February 5, 2013) Dear Mr. McGuire: Appellant wishes to direct the Court’s attention to new authority bearing on ArgumentI in Appellant’s Opening Brief (pp. 63-112) and Reply Brief (pp. 2-28), in which Appellant argued, inter alia, that appellant’s conviction must be reversed becausethetrial court failed to properly evaluate under Batson whether the prosecutor’s reliance on the jurors’ demeanors wasa race- neutral justification for striking those jurors as evidenced bythetrial court’s: (1) lack offirst-hand observationsorrecollections of the jurors who were the subjects of the second and third Batson/Wheeler objections (AOBat pp. 100-106; ARB at pp. 3-4, 25); and, ~ (2) predisposition to uncritically assent to the prosecutor’s striking of black womenin light of the trial court’s statement that “black womenare very reluctant to impose the death penalty ...I have foundit to be true.” (AOBat pp. 65-67, ARB atpp. 2-5.) In Snyder v. Louisiana (2008) 552 U.S. 472, the Supreme Court held that in evaluating Batson claims where the prosecutor’s rationale for the peremptory challenge rests on a claim that cannot be resolved on a cold record, such as the juror’s demeanor,the trial court must evaluate not only whether the prosecutor’s demeanorbelies a discriminatory intent but also whetherthe juror’s Attention to New Authority People v. Williams, Case No. S030553 demeanor(orother excuse that cannotbeverified by the record) can credibly be said to have exhibited the basis forthestrike attributed to the juror by the prosecutor. Pursuant to the holding in Snyder, Mr. Williams’ conviction and sentence must be reversed. a : Daniel N. Abrahamson Appointed counsel for George B. Williams