PEOPLE v. GOMEZ

Appellant’s Focus Issues Letter

Cal.Aug 10, 2018

4521 CAMPUS DRIVE# 175 . IRVINE, CA 926 1 2 LAURA S. KELLY ATTORNEY AT LAW The Hon. Jorge Navarette, Clerk California Supreme Court 350 McAllister St. San Francisco, CA 94102-7 421 Re: People v. Ruben Gomez S087773 August 10, 2018 Dear Mr. Navarette: (949) 737-2042 LKELLY@LKELLYLAW.NET I am writing to identify the issues on which I expect to focus oral argument, calendared for September 5, 2018: Argument VII: The trial court erroneously required the presentation of evidence regarding Mr. Gomez's refusal to come to court one morning, erroneously instructed the jurors that they could consider the refusal to come to court as evidence of a consciousness of guilt, and failed to perform the role of neutral arbiter; these errors violated Mr. Gomez's rights under California law and the state and federal constitutions. In addition to appellant's opening and reply briefs, this issue is addressed in appellant's supplemental opening brief, filed April 6, 2015, and appellant's supplemental reply brief, filed June 5, 2015. Argument XX: The prosecutor's elicitation, and the trial court's admission, over objection, of evidence regarding the ethnic background of two jail guards Mr. Gomez was charged with assaulting, evidence which the prosecutor then employed in arguing for death, requires reversal. In addition to appellant's opening and reply briefs, this issue is addressed in appellant's second supplemental opening brief, filed May 16, 2017, and appellant's second supplemental reply brief, filed August 29, 2017. Sincerely, La~ Counsel for Ruben Gomez Declaration of Service Re: People v. Ruben Perez Gomez, S087773 On August 10, 2018, I served the within Letter on each of the following, by placing true copies thereof in envelopes addressed respectively as follows, and depositing them in the United States mail at Irvine, California: Clerk Mr. Ruben Perez Gomez Los Angeles Co. Superior E99658 Court San Quentin State Prison Capital Appeals Unit San Quentin, CA 9497 4 210 W. Temple St. Room M-3 Los Angeles, CA 90012 Los Angeles District Attorney's Office 210 West Temple St. Los Angeles, CA 90012 Attn.: Anthony Manzella I have served the Attorney General and CAP-SF as reflected in the proof of service generated by TrueFiling. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 10, 2018, at Irvine, California La~ STATE OF CALIFORNIA Supreme Court of California PROOF OF SERVICE STATE OF CALIFORNIA Supreme Court of California Case Name: PEOPLE v. GOMEZ (RUBEN PEREZ) Case Number: S087773 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: lkelly@lkellylaw.net 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 Oral argument focus letter Service Recipients: Person Served Email Address Type Date / Time Attorney General - Los Angeles Office David Voet, Deputy Attorney General LAG david.voet@doj.ca.gov e- Service 8/10/2018 11:56:48 AM Attorney General - Los Angeles Office David Voet, Deputy Attorney General LAG david.voet@doj.ca.gov e- Service 8/10/2018 11:56:48 AM David Voet CA Attorney General's Office - Los Angeles 182544 david.voet@doj.ca.gov e- Service 8/10/2018 11:56:48 AM eService California Appellate Project California Appellate Project 000000 filing@capsf.org e- Service 8/10/2018 11:56:48 AM LAAWT Docketing CA Attorney General's Office - Los Angeles DocketingLAAWT@doj.ca.gov e- Service 8/10/2018 11:56:48 AM Laura Kelly Attorney at Law 234036 lkelly@lkellylaw.net e- Service 8/10/2018 11:56:48 AM Laura Kelly Attorney at Law 234036 lkelly@lkellylaw.net e- Service 8/10/2018 11:56:48 AM Laura Kelly Laura Kelly, Attorney at Law 234036 lkelly@lkellylaw.net e- Service 8/10/2018 11:56:48 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. 8/10/2018 Date /s/Laura Kelly Signature Kelly, Laura (234036) Last Name, First Name (PNum) Laura Kelly, Attorney at Law Law Firm