PEOPLE v. ARMSTRONGAppellant’s Focus Issues LetterCal.October 18, 2018October 18, 2018 Jorge Navarette, Clerk California Supreme Court Automatic Appeals Unit 350 McAllister St. San Francisco, CA 94102 Re: People v. Jamelle Armstrong S126560 Dear Sir, Please allow this to serve as the focus for my November 7, 2018 oral argument in Sacramento in the above matter. My focus will be on Argument II, the Batson/Wheeler issue. It will be appellant’s position that this is a “Stage 3” Batson case. Further, it is appellant’s position that the prosecutor exercised all four challenges to the black, male black jurors (a recognizable group) in an unconstitutionally, racially motivated way. I will spend the vast majority of my 45-minute allowed time on this issue, reserving 10 of these minutes for rebuttal. There is a chance that I will dedicate 5 minutes to Argument I, the Witt issue, arguing that the trial court made 8 improper excusals for cause of jurors who were not substantially impaired by their personal beliefs to vote for the death penalty. I am filing this letter with you through Truefiling and serving both CAP and the Attorney General likewise. Thank you for your attention in this matter. cc: G. Russell, Esq (electronic) Respectfully submitted, Attorney General (electronic) Jamelle Armstrong (mailed) Signed Glen Niemy DECLARATION OF SERVICE I, Glen Niemy do hereby swear under the penalty of perjury that on October 18, 2018, I did mail a copy of this Focus Letter to Jamelle Armstrong by placing it in a prepaid stamped envelope and mailing it to the below address Jamelle Armstrong V44422 San Quentin State Prison San Quentin CA 949074 Sworn to October 18, 2018 at Salem,. MASS. Signed Glen Niemy STATE OF CALIFORNIA Supreme Court of California PROOF OF SERVICE STATE OF CALIFORNIA Supreme Court of California Case Name: PEOPLE v. ARMSTRONG (JAMELLE EDWARD) Case Number: S126560 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: gniemy@yahoo.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 Focus Letter Service Recipients: Person Served Email Address Type Date / Time Attorney General - Los Angeles Office Ms. Yun K. Lee, Deputy Attorney General LAG yun.lee@doj.ca.gov e- Service 10/18/2018 8:52:47 AM Attorney General - Los Angeles Office Ms. Yun K. Lee, Deputy Attorney General LAG yun.lee@doj.ca.gov e- Service 10/18/2018 8:52:47 AM Geraldine Russell Attorney at Law 69352 russlaw@cox.net e- Service 10/18/2018 8:52:47 AM Geraldine Russell Attorney at Law 69352 russlaw@cox.net e- Service 10/18/2018 8:52:47 AM Glen Niemy Glen Niemy, Professional Corporation 73646 gniemy@yahoo.com e- Service 10/18/2018 8:52:47 AM Glen Niemy Attorney at Law 73646 gniemy@yahoo.com e- Service 10/18/2018 8:52:47 AM Yun Lee CA Attorney General's Office - Los Angeles 222348 yun.lee@doj.ca.gov e- Service 10/18/2018 8:52:47 AM Yun Lee CA Attorney General's Office - Los Angeles 222348 yun.lee@doj.ca.gov e- Service 10/18/2018 8:52:47 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. 10/18/2018 Date /s/Glen Niemy Signature Niemy, Glen (73646) Last Name, First Name (PNum) Glen Niemy, Professional Corporation Law Firm