No. 18-8490

Bernard Mitchell v. California

Lower Court: California
Docketed: 2019-03-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: abuse-of-discretion criminal-street-gangs discretion due-process evidence gang-evidence ineffective-assistance ineffective-assistance-of-counsel jury-exposure jury-instructions jury-prejudice prejudice prosecutorial-misconduct sentencing sentencing-discretion standard-of-review
Latest Conference: 2019-04-12
Question Presented (from Petition)

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?

Question Presented (AI Summary)

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?

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-25
Waiver of right of respondent California to respond filed.
2019-03-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 22, 2019)

Attorneys

Bernard Mitchell
Bernard Mitchell — Petitioner
California
William Hyunmin ShinCalifornia Department of Justice, Respondent