Bani Marcela Duarte v. Lavelle Parker, Acting Warden

I. Did the Prosecution Fail to Prove the Second Degree Murder Charge Beyond a Reasonable Doubt; Did Appellate Counsel Render Ineffective Assistance? II. Did the Trial Court Deprive Duarte of Due Process and a Fair Trial by Admitting Evidence of Duarte’s 2016 DUI Arrest; Did Appellate Counsel Render Ineffective Assistance? III. Did the Trial Court Deprive Duarte of Due Process and a Fair Trial by Failing to Issue an Instruction on Foreseeability; Did Trial and Appellate Counsel Render Ineffective Assistance? IV. Did the Newly Discovered Evidence Show that Duarte Did Not Cause the Deaths; Did Trial Counsel Render Ineffective Assistance? V. Did the Prosecutor Commit Prejudicial Misconduct During Closing Argument; Did Trial and Appellate Counsel Render Ineffective Assistance? VI. Did the Cumulative Effect of the Errors in Claims I-V Deprive Duarte of Due Process and a Fair Trial? VII. Did the Police Deprive Duarte of Her Sixth Amendment Right to Remain Silent by Questioning Her After the Car Accident? VIII. Did the Prosecutor Commit Misconduct by Relying on an Unpublished Decision to Exclude Significant Statistical Defense Evidence About DUI Fatalities? IX. Did the California Court of Appeal (CCA) Unreasonably Uphold the Trial Court’s Post-Trial Refusal to Release Juror Identifying Information?