MANRIQUEZ

Respondent’s Additional Authorities Letter

Cal.April 23, 2018

♦ KAMALA D. HARRIS State of California Attorney General DEPARTMENT OF JUSTICE 300 SOUTH SPRIIVG STREET, SUfTE 1702 LOS ANGELES, CA 90013 Public: (213) 269-6000 Telephone: (213) 269-6092 Facsimile: (213) 897-6496 E-Mail: Kim.Aarons@doj.ca.gov Apri123, 2018 Jorge E. Navarrete Supreme Court Clerk and Executive Officer Supreme Court of California 350 McAllister Street San Francisco, CA 94102-4797 RE: Citation of Additional Authorities In re Manriquez (Abelina) on Habeas Corpus California Supreme Court Case No. S 141210 Dear Mr. Navarrete: Oral argument in the above-captioned case is set for May 1, 2018, at 1:30 p.m., in San Francisco. During oral argument, counsel for respondent intends to rely upon the following authorities not cited in the briefs in support of the proposition that substantial evidence supports the referee's finding that Juror C.$.'s failure to disclose her childhood abuse was unintentional: Gonzalez v. Santa Clara County Dept. of Social Services (2014) 223 Ca1.App.4th 72, 90, fn. 15 (addressing reasonableness of corporal punishment of a child by a parent under California law and rejecting defense of "lack of malicious intent," but acknowledging that this defense once prevailed in California and still prevails in many jurisdictions); Boland v. Leska (1982) 454 A.2d 75, 78 (holding that, in Pennsylvania, a parent may use corporal punishment as a means of discipline provided that the parent does not act with malicious intent and there is not a substantial risk of death, disfigurement, serious bodily injury, gross degradation, extreme pain or mental distress]); a.nd 18 Pa.C.S.A. § 509, subd. (1) (in Pennsylvania, the use of force by a parent or gexardian is permissible as punishment for misconduct). Sincerely, ~~~ K1M AARONS Deputy Attorney General For KAMALA D. HARRIS Attomey General KAA:vss LA2006500617 62795324.doc Supreme Court of the State of California Apri123, 2018 Page 2 DECLARATIO11i OF SERVICE SY U.S. MAIL Case Name: In re 1Ylanriqrrez (Abelino) on Haheas Corpus Number: S141210 I declare: I am employed in the Office of the Attorney General, which is the oftice of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for colIection and processing of correspondence for inailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internaI rnail collection system at the Office of the Attorney General is deposited with the Llnited States Postal Service that sa►ne day in the ordinary course of business. On Apr'rl 23, 201$, I served the attached LETTER TO THE COURT RE: CITATION UF ADDITIONAL AUTHORITY by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the internal mail collection system at the Office of the Attorney General at 300 South Spring Street, Suite 1702, Los Angeles, CA 90013, addressed as follows: Sujal Shah Morgan, Lewis & Bockius LLP One Market Spear Street Tower San Francisco, CA 94105-1596 Counsel for Petitioner Abelino Manriquez Capital Appeals Unit Superior Court of California, County of Los Angeles 210 W. Temple Street, Room M-3 Lns Angeles, CA 90012 yohn A. Clarke, Clerk Los Angeles County Superior Court 111 N. HiII Street Los Angeles, CA 90012 Supreme Court of the State of California Apri123, 201$ Fage 3 Office of the State Fublic Defender 1111 Broadway, lOth Floor Dakland, CA 94507 Brian R. Kelberg, Deputy District Attorney Los Angeles County District Attorney's Office 320 W. Temple Street, Suite 540 Los Angeles, CA 90012 Califoamia Appellate Project 101 Second Street, Suite 600 San Francisco, CA 94105 Habeas Corpus Resource Center 303 — 2"d Street, Suite 400 San Francisco, CA 94107 I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on Apri123. 2018, at Los Angeles, Califomia. Vanida S. Sutthiphong Declarant Signatu.re iCAA:vss L,A2006500517 62795324.doc