[3] Lingering or residual doubt, which is a degree below "reasonable doubt" and a degree above "mathematical (one-in-millions) doubt," warrants special consideration with respect to actual innocence claims. Lingering doubt is a legitimate but not conclusive mitigating factor in the death sentencing phase. Gonzalez v. Wong, 667 F.3d 965, 993 (9th Cir. 2011). Its polar opposite--grave doubt--is a pardoning consideration, and a consideration for commutation from death to life without parole. In my opinion, a unanimous jury finding of "no lingering doubt" should be a prerequisite for all death (and life without parole) sentences. Then again, legally speaking, in my opinion California's death penalty is now unconstitutional per se, la Judge Carney's 2014 Order Declaring California's Death Penalty System Unconstitutional; while, economically and spiritually speaking, the litigation line from death sentence to distant death employs many whose bodies, minds, and souls should be far better occupied.
[4] California Death Row inmate Kevin Cooper's clemency petition stirs emotions 30 years after family's slaying, San Jose Mercury, Apr. 17, 2016.
[5] See Jerry Brown Fails his Test, California Open Blog File, Sep. 30, 2014, regarding his veto of a bill that would have granted judges the discretionary power to inform juries of prosecutorial misconduct, in appropriate instances.
[6] See joinmikeramos.com. Fitness for office questions are raised by more than such cases as Cooper's. See Ramos's Breakup With Mistress Sends DA's Office Into Crisis Mode, San Bernardino County Sentinel, Sep. 19, 2015.
[7] Proposition 66 moves only first habeas petitions from the Supreme Court; and it moves them not to the courts of appeal but to the original trial courts. This measure makes sense, but it can only marginally reduce the delay, which is primarily due to the Supreme Court's daunting backlog of 350 first appeals--most habeas petitions are summarily denied.
[8] Cal. Const., Art VI, sec. 11. See, also Cal. Penal Code 190.6(b):
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