PEOPLE v. AMEZCUA

Appellant, Joseph Flores, Focus Issues Letter

Cal.September 26, 2018

1 David Goodwin Attorney at Law Post Office Box 50724 Pasadena, CA 91115 (323) 666-9960 State Bar No. 91476 September 25, 2018 Clerk of the Court California Supreme Court 350 McAllister Street Room 1295 San Francisco, CA 94102-3600 Re: People v. Amezcua and Flores Case No. S133660 To whom it may concern, By appointment of this court, I am the attorney for appellant Joseph Flores in case number S133660 in the automatic appeal from a judgment of death. The Court has indicated that it intends to set the case for oral argument for December of 2018. As I have explained in prior letters, I will be out of the country for the entire month of October. I will not have access to my computer or any materials connected to this case. I do not know when this Court is going to request the focus letter, so I am therefore requesting permission to file this as the focus letter in this case, so as to inform the court of the focus issues listed below and of additional authority not in the briefs that I intend to rely on. I am requesting permission to file this letter so advising the Court in case I am out of the country when the court normally sends out the request for this information. I will further update this Court if there is any other information that I need to provide at a later date. I anticipate focusing my argument primarily upon the following issues, referenced by the Roman numeral used in the Opening Brief: 2 1. As discussed in Argument Roman numeral IV, the trial court erred in admitting the jailhouse interview of appellants because those statements were part of settlement negotiations and were privileged under Evidence Code section 1152. 2. As discussed in Argument Roman numeral VI, the trial court erred when it acquiesced to the demands of appellants not to allow defense counsel to present any form of defense in the penalty phase or even to provide the jury with proper penalty phase instructions I also intend to rely on the following case not discussed in Appellant’s Opening or Reply Briefs: McCoy v. Louisiana (2018) 138 S.Ct. 1500, 200 L.Ed.2d 821. Respectfully submitted David H. Goodwin, Attorney for appellant Flores 3 DECLARATION OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I, David Goodwin, declare I am employed in Los Angeles County, am over the age of eighteen (18) years, and not party to the action; my business address is Post Office Box 50724, Pasadena, CA 91115. I have made service of the foregoing Focus Letter Address by depositing in the United States mail on September 25, 2018, a true and full copy thereof, to the following: Joseph Flores San Quentin Prison P.O. Box V-76699 San Quentin, CA 94974 The following other parties were served via Trufiling: Viet Nguyen, Deputy Attorney General, counsel for respondent Wesley Van Winkle, assisting attorney Janyce Blair, counsel for co-appellant Amezcua Mark Goldrosen, assisting attorney for co-appellant Amezcua I declare under penalty of perjury the forgoing is true and correct and this proof of Service was executed at Pasadena, California on September 25, 2018. David Goodwin STATE OF CALIFORNIA Supreme Court of California PROOF OF SERVICE STATE OF CALIFORNIA Supreme Court of California Case Name: PEOPLE v. AMEZCUA (OSWALDO) & FLORES (JOSEPH) Case Number: S133660 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: dgood18055@aol.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 Mr. Viet H. Nguyen, Deputy Attorney General LAG viet.nguyen@doj.ca.gov e- Service 9/26/2018 1:23:17 PM Attorney General - Los Angeles Office Mr. Viet H. Nguyen, Deputy Attorney General LAG viet.nguyen@doj.ca.gov e- Service 9/26/2018 1:23:17 PM David Goodwin Attorney at Law 91476 dgood18055@aol.com e- Service 9/26/2018 1:23:17 PM David Goodwin David Goodwin 91476 dgood18055@aol.com e- Service 9/26/2018 1:23:17 PM David Goodwin Attorney at Law 91476 dgood18055@aol.com e- Service 9/26/2018 1:23:17 PM Janyce Blair Attorney at Law 103600 jkiblair@bleckmanblair.com e- Service 9/26/2018 1:23:17 PM Mark Goldrosen Attorney at Law 101731 markgoldro@aol.com e- Service 9/26/2018 1:23:17 PM Mark Goldrosen Attorney at Law 101731 markgoldro@aol.com e- Service 9/26/2018 1:23:17 PM Wesley Van Winkle Attorney at Law 129907 tacitus@pacbell.net e- Service 9/26/2018 1:23:17 PM Wesley Van Winkle tacitus@pacbell.net e- 9/26/2018 Attorney at Law 129907 Service 1:23:17 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. 9/26/2018 Date /s/David Goodwin Signature Goodwin, David (91476) Last Name, First Name (PNum) David Goodwin Law Firm