Bernard Mitchell v. California
1. Did the court abuse its discretion in permitting the jury to be exposed to the nicknames "Crip" and "'Scrap,"' which have been taken as a suggestion that appellant and co-defendant belonged to criminal street gangs?
2. Did the admission of the gang evidence prejudice the appellant under any standard of review?
3. Did the prosecutor commit."Griffin Error" and lower her burden of proof by telling the jury that "you haven't heard any evidence here, any evidence about what the appellant was doing in the area, other than what the people have presented?" Was counsel ineffective in failing to object, if an objection would not have been futile?
4. Did the prosecutor's remarks that appellant 'had a burden to testify in his own defense prejudice appellant?
5. Did the court abuse its discretion in imposing the high term based on appellant's prior history, and was counsel ineffective in failing to make this point?
Did the court abuse its discretion in permitting the jury to be exposed to the nicknames 'Crip' and ''Scrap,' which have been taken as a suggestion that appellant and co-defendant belonged to criminal street gangs?