PEOPLE v. JOHNSON

Respondent’s Focus Issues Letter

Cal.September 21, 2018

XAVIER BECERRA State of California Attorney General DEPARTMENT OF JUSTICE 300 SOUTH SPRING STREET, SUITE 1702 LOS ANGELES, CA 90013 Public: (213) 269-2000 Telephone: (213) 269-6175 Facsimile: (213) 897-6496 E-Mail: DocketingLAAWT@doj.ca.gov September 21, 2018 Jorge E. Navarrete Clerk of the Supreme Court California Supreme Court 350 McAllister Street San Francisco, CA 94102 RE: People v. Cedric Jerome Johnson (Death Penalty) Supreme Court of the State of California, Case No. S075727 Dear Mr. Navarrete: At oral argument on October 3, 2018, respondent may discuss the following decisions, which were issued after the respondent’s brief was filed in this case. The following cases are relevant to appellant’s claim that he was denied the right to testify at the penalty phase. (Argument 3 of AOB.) In People v. Banks (2014) 59 Cal.4th 1113, abrogated on other grounds by People v. Scott (2015) 61 Cal.4th 363, 386- 387, this Court concluded that the trial court acted within its discretion in excluding the defendant from the penalty phase, and rejected claims that the trial court should have chosen a less restrictive measure such as shackling, or inquired into whether the defendant wished to be readmitted to court. (Id. at pp. 1180-1181.) This Court also rejected a claim of judicial bias. (Id. at pp. 1204-1206.) In State v. Anthony (Wis. 2015) 860 N.W.2d 10, the Wisconsin Supreme Court concluded that the trial court acted within its discretion in determining that the defendant had forfeited his right to testify by engaging in misconduct. (Id. at pp. 24-25.) Anthony held that the trial court’s action served the purposes of ensuring the fairness and reliability of the criminal trial proceeding, and preserving the dignity, order, and decorum of the courtroom. (Id. at pp. 26-27.) The following case is relevant to appellant’s claim that the trial court should have initiated competency proceedings. (Argument 18 of the supplemental opening brief.) Jorge E. Navarrete September 21, 2018 Page 2 In People v. Woodruff (2018) 5 Cal.5th 697, this Court rejected a claim that the trial court should have declared a doubt as to the defendant’s competency. (Id. at pp. 721- 723.) Respectfully submitted, Xavier Becerra Attorney General of California Gerald A. Engler Chief Assistant Attorney General Lance E. Winters Senior Assistant Attorney General Jaime L. Fuster Deputy Attorney General S/ Marc A. Kohm Deputy Attorney General Attorneys for Plaintiff and Respondent MAK:sf LA199XS0029 53079890.doc DECLARATION OF ELECTRONIC SERVICE AND SERVICE BY U.S. MAIL Case Name: People v. Cedric Jerome Johnson No.: S075727 (CAPITAL CASE) I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member’s direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collecting and processing electronic and physical correspondence. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service with postage thereon fully prepaid that same day in the ordinary course of business. Correspondence that is submitted electronically is transmitted using the TrueFiling electronic filing system. Participants who are registered with TrueFiling will be served electronically. Participants in this case who are not registered with TrueFiling will receive hard copies of said correspondence through the mail via the United States Postal Service or a commercial carrier. On September 21, 2018, I electronically served the attached LETTER BRIEF by transmitting a true copy via this Court’s TrueFiling system. Because one or more of the participants in this case have not registered with the Court’s TrueFiling system or are unable to receive electronic correspondence, on September 21, 2018, I placed a true copy thereof enclosed in a sealed envelope in the internal mail collection system at the Office of the Attorney General at 300 South Spring Street, Suite 1702, Los Angeles, CA 90013, addressed as follows: The Honorable John Joseph Cheroske, Judge Governor’s Office South Central District Attn: Legal Affairs Secretary Compton Courthouse State Capitol, First Floor 200 West Compton Boulevard Sacramento, CA 95814 Department D Compton, CA 90220 Maria Elena Arvizo-Knight CAP – SF Served Via TrueFiling Death Penalty Appeals Clerk Los Angeles County Superior Court Gilbert Wright 210 West Temple Street, Room M-3 LA County District Attorney's Office Los Angeles, CA 90012 GWright@da.lacounty.gov Mai Linh Spencer State Public Defender's Office - San Francisco 221 Main Street, 10th Floor San Francisco, CA 94105 Nina Wilder Served Via TrueFiling Alameda County Public Defender's Office - Oakland Branch I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on September 21, 2018, at Los Angeles, California. Sylvia Farr s/ Sylvia Farr Declarant Signature MAK:sf LA1999XS0029 STATE OF CALIFORNIA Supreme Court of California PROOF OF SERVICE STATE OF CALIFORNIA Supreme Court of California Case Name: PEOPLE v. JOHNSON (CEDRIC JEROME) Case Number: S075727 Lower Court Case Number: 1. At the time of service I was at least 18 years of age and not a party to this legal action. 2. My email address used to e-serve: marc.kohm@doj.ca.gov 3. I served by email a copy of the following document(s) indicated below: Title(s) of papers e-served: Filing Type Document Title LETTER BRIEF Letter Brief Service Recipients: Person Served Email Address Type Date / Time eService California Appellate Project California Appellate Project 000000 filing@capsf.org e- Service 9/21/2018 10:25:41 AM Nina Wilder Office of the State Public Defender 100474 nina.wilder@ospd.ca.gov e- Service 9/21/2018 10:25:41 AM This proof of service was automatically created, submitted and signed on my behalf through my agreements with TrueFiling and its contents are true to the best of my information, knowledge, and belief. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 9/21/2018 Date /s/marc kohm Signature kohm, marc (208821) Last Name, First Name (PNum) CA Attorney General's Office - Los Angeles Law Firm