LEWISPetitioner’s Additional Authorities LetterCal.February 23, 2018Robert M. Sanger I rsanger@sangerswysen.com Certified Criminal Law Specialist* Catherine J. Swysen 1 cswysen@sangerswysen.com Stephen K. Dunkle sdunkle@sangerswysen.com Certified Appellate Law Specialist* Frank J. Ochoa I fochoa@sangerswysen.com Of Counsel Rebekah Dillon I rdillon@sangerswysen.com Licensed Private Investigator, PI #29006 *Certified by the State Bar of California Board of Legal Specialization Sanger Swysen & Dunklie I Attorneys at Law February 23, 2018 Jorge E. Navarrete Clerk and Executive Officer California Supreme Court 350 McAllister Street San Francisco, CA 94102-7303 Re: In re Robert Lewis, Jr. On Habeas Corpus California Supreme Court Case Number S117235 Notice of New Authority Dear Mr. Navarrette: Petitioner Robert Lewis, Jr. respectfully submits this letter to provide a significant new authority which was not available in time to inform the Court in the previously filed briefing. The authority is Moore v. Texas (2017) 137 S.Ct. 1039. The opinion relates to the first question from the reference hearing: whether petitioner is intellectually disabled within the meaning of Atkins v. Virginia (2002) 536 U.S. 304 and In re Hawthorne (2005) 35 Ca1.4th 40. Sincerely, SANGER SWYSEN & DUNKLE Robert M. Sanger Santa Barbara Office 1125 East De La Guerra Street, Suite 1021 Santa Barbara, California 93101 Ph 805.962.48871 Fx 805.963.73111 www.sangerswysen.com Santa Maria Office 1 301 East Cook Street, Suite A 1 Santa Maria, California 93454 Executed this February 23, 2018 at S nta bara, California. . Swanson PROOF OF SERVICE I, the undersigned declare: I am over the age of 18 years and not a party to the within action. I am employed in the County of Santa Barbara. My business address is 125 E. De La Guerra Street, Suite 102, Santa Barbara, California, 93101. On February 23, 2018, I served the foregoing document entitled: NOTICE OF NEW AUTHORITY on the interested parties in this action by depositing a true copy thereof as follows: Robert Lewis, Jr. B-45344-IEB-63 San Quentin State Prison San Quentin, California 94967 X BY U.S. MAIL - I am readily familiar with the firm's practice for collection of mail and processing of correspondence for mailing with the United States Postal Service. Such correspondence is deposited daily with the United States Postal Service in a sealed envelope with postage thereon fully prepaid and deposited during the ordinary course of business. Service made pursuant to this paragraph, upon motion of a party, shall be presumed invalid if the postal cancellation date or postage meter date on the envelope is more than one day after the date of deposit. BY FACSIMILE -I caused the above-referenced document(s) to be transmitted via facsimile to the interested parties at BY ELECTRONIC MAIL. I caused the document to delivered by electronic mail to the interested party at the email address indicated above. BY HAND - I caused the document to be hand delivered in a sealed envelope to the interested parties at the address above. X STATE - I declare under penalty of perjury under the laws of the State of California that the above is true and correct. FEDERAL - I declare that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. STATE OF CALIFORNIA Supreme Court of California PROOF OF SERVICE STATE OF CALIFORNIA Supreme Court of California Case Name: LEWIS (ROBERT) ON H.C. Case Number: S117235 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: rsanger@sangerswysen.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 ADDITIONAL CITES FOR ORAL ARGUMENT Notice of New Authority Service Recipients: Person Served Email Address Type Date / Time Attorney General - Los Angeles Office Margaret E. Maxwell, Deputy Attorney General LAG margaret.maxwell@doj.ca.gov e- Service 2/23/2018 3:07:14 PM Brian Kelberg Court Added bkelberg@da.lacounty.gov e- Service 2/23/2018 3:07:14 PM eService California Appellate Project California Appellate Project 000000 filing@capsf.org e- Service 2/23/2018 3:07:14 PM Robert Sanger Sanger & Swysen 58214 rsanger@sangerswysen.com e- Service 2/23/2018 3:07:14 PM Robert Sanger SANGER SWYSEN & DUNKLE 058214 rsanger@sangerswysen.com e- Service 2/23/2018 3:07:14 PM 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/Robert Sanger Signature Sanger, Robert (058214) Last Name, First Name (PNum) SANGER SWYSEN & DUNKLE Law Firm
