THE SAME CLAIMS ON DIRECT APPEAL.
3. THE DISTRICT COURT'S RULING THAT THIS COURT DECIDED SEVERAL OF MR. RODRIGUEZ' CLAIMS AGAINST HIM IN PEOPLE V. TENNESON, 788 P.2d 786 (Colo.1990), AND PEOPLE V. DAVIS, 794 P.2d 159 (Colo.1990), IS INCORRECT.
4. THE COURT ERRED BY REFUSING TO GRANT THE MOTION TO DEATH QUALIFY THE JUDGE.
5. THE DEATH PENALTY IN THIS CASE AND THE STATE'S DECISION TO SEEK IT ARE BASED UPON INVIDIOUS DISCRIMINATION, ARE UNGUIDED BY RATIONAL, RELEVANT AND CONSISTENT STANDARDS, AND ARE BASED ON IRRATIONAL AND ILLEGAL CRITERIA.
6. THE SENTENCE OF DEATH IS DISPROPORTIONATE TO SENTENCES IMPOSED IN OTHER CASES. THIS DEATH SENTENCE IS ARBITRARY AND CAPRICIOUS AND VIOLATES THE CRUEL AND UNUSUAL PUNISHMENT AND DUE PROCESS CLAUSES OF THE FEDERAL AND COLORADO CONSTITUTIONS AND THE DEATH STATUTE.
7. THE APPELLATE REVIEW PURSUANT TO C.R.S. § 16-11-103(7) MUST BE ADVERSARIAL IN NATURE OR THE STATUTE VIOLATES THE DUE PROCESS AND CRUEL AND UNUSUAL PUNISHMENT CLAUSES OF THE FEDERAL AND COLORADO CONSTITUTIONS, AND COLORADO'S RIGHT TO APPEAL CLAUSE; THUS, THE "NON-ADVERSARY" PROCEEDING IN THIS CASE VIOLATED THOSE PROVISIONS.
8. THE DEATH PENALTY STATUTE AND THE DEATH PENALTY ITSELF IS UNCONSTITUTIONAL FOR THE REASONS SET FORTH IN MR. RODRIGUEZ' MOTIONS TO STRIKE DEATH PENALTY AND THE ACCOMPANYING PLEADINGS AND MATERIALS.
9. COLORADO'S DEATH PENALTY STATUTE MUST PROVIDE FOR TRIAL COURT AND APPELLATE PROPORTIONALITY REVIEW OF DEATH SENTENCES OR IT VIOLATES THE CRUEL AND UNUSUAL PUNISHMENT, DUE PROCESS, AND EQUAL PROTECTION CLAUSES OF THE FEDERAL AND COLORADO CONSTITUTIONS. THE TRIAL COURT'S REFUSAL TO ALLOW MR. RODRIGUEZ TO PRESENT HIS EVIDENCE OR TO EVEN CONSIDER THE ISSUES VIOLATED THE DUE PROCESS, EQUAL PROTECTION, CRUEL AND UNUSUAL PUNISHMENT, COMPULSORY PROCESS AND CONFRONTATION CLAUSES OF THE FEDERAL AND COLORADO CONSTITUTIONS AND THE DEATH STATUTE.
10. JUDGE PHILLIPS WAS BIASED AGAINST MR. RODRIGUEZ AND MR. RODRIGUEZ' LAWYERS.
11. THE COURT'S REFUSAL TO DISCLOSE THE COMMUNICATIONS BETWEEN JUDGES PETERSON, PHILLIPS AND ALVAREZ ABOUT THIS CASE, THE REFUSAL OF THE COURT TO RULE ON THE MOTION TO RECUSE JUDGE PETERSON, CHIEF JUDGE PETERSON'S SIGNIFICANT INVOLVEMENT IN THE CASE, AND THE COURT'S REFUSAL TO HAVE A JUDGE FROM A DIFFERENT DISTRICT HEAR MR. RODRIGUEZ' MOTIONS, WERE ALL PREJUDICIAL ERROR.
*305 12. THE DENIAL OF THE MOTION TO STRIKE THE DEATH PENALTY, FOR APPOINTMENT OF A SPECIAL PROSECUTOR, AND FOR ADDITIONAL APPROPRIATE RELIEF WITHOUT A HEARING AND WITHOUT INTELLIGIBLE FINDINGS WAS ERROR, ESPECIALLY WHERE THE COURT APOLOGIZED FOR ITS FAILURE TO HURRY THE PROCESS ALONG WHERE ONE OF THE ISSUES WAS THE VITRIOLIC CHARGES MADE AGAINST IT AND THE SUPREME COURT ABOUT THIS CASE IN THE MEDIA BY EX-GOVERNOR LAMM AND THE PROSECUTION. THE MOTION SHOULD HAVE BEEN GRANTED DESPITE THE DENIAL OF A HEARING.
13. THE ILLEGALITY OF THE FIRST DEGREE MURDER AND TWO CONSPIRACY CONVICTIONS REQUIRES THAT THE DEATH SENTENCE BASED UPON THEM BE VACATED. THE MOTOR VEHICLE THEFT AND "CRIME OF VIOLENCE" CONVICTIONS, AND THE DEATH SENTENCE BASED ON THEM, ARE ALSO ILLEGAL SINCE THEY ARE BASED ON THE MURDER CONVICTION.
14. MR. RODRIGUEZ WAS