PEOPLE v. HARDYAppellant’s Additional Authorities LetterCal.February 26, 2018SUSAN K. 5HALE.R. PROFESSIONAL LAW CORPORATION 991 Lomas Santa Fe Drive, Sulte C, # 112 Solana 8each, California, 92075 Telephone (858) 259-6737 0 FacsimUe (858) 345-1666 February 26, 2018 Jorge E. Navarrete Clerk of the Supreme Court 350 McAllister St. San Francisco, CA 94102 RE: People v. Hardy; Appeal No. S113421; Superior Court No. NA039436-02 Dear Mr. Navarette: I submit the following additional authorities not contained in the briefs in advance of oral argument, which is set for 9:00 a.m. on March 8, 2018: 1. Whether there was Batson/Wheelererror based on the prosecutor's peremptory challenges to three prospective jurors. (Argument 1II): People v. Gutierrez (2017) 2 Cal.5th 1150, 1158- 1183. 2. Whether the verdict form and instructions permitted a guilty verdict on count 1 based on an improper legal theory or failed to reflect the required findings of fact for first degree murder (Argument X): People v. Johnson (2015) 61 Cal.4th 734, 784; People v. Mack (111.1995) 167 111.2d 525, 528-538 [658 N. E.2d 437]; People v. Smith (1II. 2009) 233 111.2d 1, 21-26 [906 N. E.2d 529]; and Jared v. State (Ga. 1992) 261 Ga. 880, 883 [413 S.E.2d 710]. Additionally, appellant's issue focus letter did not identify Argument V, that is, whether it was error to admit testimonial hearsay when a deputy coroner testified about procedures performed by someone else. That position remains unchanged. However, I invite the court's attention to People v. Sanchez (2016) 63 Cal.4th 665, Rosario v. State (FIa.App. 2015) 175 So.3d 843, and State v. Bass (N.J. 2016) 132 A.3d 1207. Vcew .- SUSAN K S ALER SKSIbc Enclosure (proof of service) ATTORNEY'S CERTIFICATE OF ELECTRONIC SERVICE AND SERVICE BY MAIL (Code Civ. Proc., § 1013a, subd. (2); Cal. Rules of Court, rules 8.71(f) and 8.77) I, Susan K. Shaler, certify: I am an active member of the State Bar of California and am not a party to this cause. My electronic service address is shalerlawcorp@gmail.com and my business address is 991 Lomas Santa Fe Dr., Ste C#112, Solana Beach, CA. On February 26, 2018, 1 served the persons and/or entities listed below by the method checked. For those marked "Served Electronically," I transmitted a PDF version of Appellant's Letter re Additional Authorities by TrueFiling electronic service or by e-mail to the e-mail service address(es) provided below. For those marked "Served by Mail," I deposited in a Mailbox regularly maintained by the United States Postal Service at Solana Beach, California, a copy of the above document in a sealed envelope with postage fully prepaid, addressed as provided below on February 27, 2018. APPELLANT'S LETTER RE ADDITIONAL AUTHORITIES on all parties to this action by placing a true copy thereof enclosed in a sealed envelope or box addressed as follows: Clerk, California Supreme Court 350 McAllister St. San Francisco, CA 94102 [Served Electronically] Xavier Becerra Attorney General 300 S. Spring St. North Tower, Ste 5001 Los Angeles, CA 90013 [Served Electronically] California Appellate Project Attn: Ms. Aundre Herron 101 Second Street, 6th Floor San Francisco, CA 94105 [Served by Mail] Mr. Warren J. Hardy T80906 San Quentin State Prison San Quentin, CA 94974 [Served by Mail] l caused such envelope with postage thereon fully prepaid to be placed in the United States Mail at Solana Beach, California. Executed on February 26, 2018, at Solana Beach, California. -_ I declare under penalty of perjury unde of th ate lifornia ha`t the above is true and correct. Susan K. Shaler STATE OF CALIFORNIA Supreme Court of California PROOF OF SERVICE STATE OF CALIFORNIA Supreme Court of California Case Name: PEOPLE v. HARDY (WARREN JUSTIN) Case Number: S113421 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: shalerlawcorp@gmail.com 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 Appellants Additional Authorities Letter Service Recipients: Person Served Email Address Type Date / Time eService California Appellate Project California Appellate Project 000000 filing@capsf.org e- Service 2/26/2018 11:49:57 AM michael wise CA Attorney General's Office - Los Angeles 185026 michael.wise@doj.ca.gov e- Service 2/26/2018 11:49:57 AM michael wise CA Attorney General's Office - Los Angeles 185026 michael.wise@doj.ca.gov e- Service 2/26/2018 11:49:57 AM Susan Shaler Attorney at Law 115762 lawqueen@earthlink.net e- Service 2/26/2018 11:49:57 AM Susan Shaler Attorney at Law 115762 law.queen@icloud.com e- Service 2/26/2018 11:49:57 AM Susan K. Shaler Susan K. Shaler Professional Law Corporation 115762 shalerlawcorp@gmail.com e- Service 2/26/2018 11:49:57 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. -- Date /s/Susan K. Shaler Signature Shaler, Susan K. (115762) Last Name, First Name (PNum) Susan K. Shaler Professional Law Corporation Law Firm
