Upload
ledieu
View
214
Download
0
Embed Size (px)
Citation preview
153
SUPREME COURT MINUTES
WEDNESDAY, JANUARY 27, 2016
SAN FRANCISCO, CALIFORNIA
S230793 E062760 Fourth Appellate District, Div. 2 PEOPLE v. PAGE (TIMOTHY
WAYNE)
Petition for review granted
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.
S230899 D066793 Fourth Appellate District, Div. 1 JAMESON (BARRY S.) v.
DESTA (TADDESE)
Petition for review granted
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.
S222620 C074662 Third Appellate District PEOPLE v. RINEHART
(BRANDON LANCE)
Supplemental briefing ordered
On or before February 17, 2016, the parties are directed to serve and file simultaneous
supplemental letter briefs directed to the following question: What effect, if any, does Senate Bill
No. 637 (2015-2016 Reg. Sess.) (Stats. 2015, ch. 680) have on the issues in this case?
Within 14 days of the filing of these briefs, the parties may serve and file optional reply letter
briefs.
S230753 H038422 Sixth Appellate District PEOPLE v. EDWARDS
(MICHAEL)
Petition for review granted; briefing deferred
The petitions for review are granted. Further action in this matter is deferred pending our decision
in People v. Sanchez, S216681 (see Cal. Rules of Court, rule 8.512(d)(2)), or pending further
order of the court. Submission of additional briefing, pursuant to California Rules of Court, rule
8.520, is deferred pending further order of the court.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.
SAN FRANCISCO JANUARY 27, 2016 154
S230837 A135721 First Appellate District, Div. 1 PEOPLE v. BLACKNELL
(JOSEPH)
Petition for review granted; briefing deferred
The petition for review is granted. Further action in this matter is deferred pending consideration
and disposition of a related issue in People v. Sanchez, S216681 (see Cal. Rules of Court, rule
8.512(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to
California Rules of Court, rule 8.520, is deferred pending further order of the court.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.
S231031 E062947 Fourth Appellate District, Div. 2 PEOPLE v. GARNESS
(SCOTT THORNTON)
Petition for review granted; briefing deferred
The petition for review is granted. Further action in this matter is deferred pending consideration
and disposition of a related issue in People v. Romanowski, S231405 (see Cal. Rules of Court,
rule 8.512(d)(2)), or pending further order of the court. Submission of additional briefing,
pursuant to California Rules of Court, rule 8.520, is deferred pending further order of the court.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.
S231144 B261136 Second Appellate District, Div. 7 IN RE TYLER R.
Petition for review granted; briefing deferred
The petition for review is granted. Further action in this matter is deferred pending consideration
and disposition of a related issue in In re R.T., S226416 (see Cal. Rules of Court, rule 8.512
(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to
California Rules of Court, rule 8.520, is deferred pending further order of the court.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.
S231419 H040085 Sixth Appellate District PEOPLE v. FRANKLIN
(MELVIN DONNELL)
Petition for review granted; briefing deferred
The petition for review is granted. Further action in this matter is deferred pending consideration
and disposition of a related issue in People v. Chaney, S223676, and People v. Valencia, S223825
(see Cal. Rules of Court, rule 8.512(d)(2)), or pending further order of the court. Submission of
additional briefing, pursuant to California Rules of Court, rule 8.520, is deferred pending further
order of the court.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.
SAN FRANCISCO JANUARY 27, 2016 155
S230490 E064673 Fourth Appellate District, Div. 2 EASLEY (YUSUF) ON H.C.
Petition for review granted; transferred to Court of Appeal, Fourth Appellate District, Division
Two, with directions to issue an order to show cause
The petition for review is granted. The matter is transferred to the Court of Appeal, Fourth
Appellate District, Division Two. That court is ordered to vacate its summary denial, dated
October 28, 2015, and to issue an order to show cause returnable before the San Bernardino
County Superior Court. The Director of the Department of Corrections and Rehabilitation is to be
ordered to show cause, when the matter is placed on calendar, why trial counsel, who represented
petitioner at the guilty plea and sentencing hearing, did not have a conflict of interest that
rendered the plea involuntary and why petitioner should not be allowed to withdraw his guilty
plea. The return is to be filed on or before February 26, 2016.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.
S230323 B255397 Second Appellate District, Div. 2 PEOPLE v. MOSLEY
(LAVELLE)
Petitions for review denied
S230401 F070149 Fifth Appellate District P & M VANDERPOEL DAIRY
v. AGRICULTURAL LABOR
RELATIONS BOARD
(UNITED FARM WORKERS
OF AMERICA)
Petition for review & publication request(s) denied
S230429 H038220 Sixth Appellate District PEOPLE v. ORTEGA
(ANDREW)
Petition for review denied
Chin, J., is of the opinion the petition should be granted.
S230458 F064909 Fifth Appellate District PEOPLE v. BELL (JUJUAN
ROBERT)
Petitions for review denied
S230546 B256914 Second Appellate District, Div. 8 PEOPLE v. CONLEY (JAMES)
Petition for review denied
SAN FRANCISCO JANUARY 27, 2016 156
S230580 B254870 Second Appellate District, Div. 8 SAN PASQUAL BAND OF
MISSION INDIANS v. STATE
OF CALIFORNIA
Appellant’s request for judicial notice filed November 24, 2015, is granted. The petition for
review is denied.
S230608 B256151 Second Appellate District, Div. 2 PEOPLE v. GUTIERREZ
(ARISTIDES ARGUETA)
Petition for review denied
S230642 D069159 Fourth Appellate District, Div. 1 WISE (DAVID) v. S.C. (WISE)
Petition for review denied
S230669 G050676 Fourth Appellate District, Div. 3 K. (T.), ADOPTION OF
Petition for review & depublication request(s) denied
S230686 B257764 Second Appellate District, Div. 4 LEVI FAMILY
PARTNERSHIP, L.P. v. CITY
OF LOS ANGELES
Petition for review denied
S230691 B255851 Second Appellate District, Div. 4 HENDERSON (JANENE) v.
BANK OF NEW YORK
MELLON
Petition for review denied
S230709 C073435 Third Appellate District McADAMS (TIM) v. MONIER,
INC.
Petition for review denied
S230711 D068485 Fourth Appellate District, Div. 1 PEOPLE v. SOTO (JUAN
CARLOS)
Petition for review denied
SAN FRANCISCO JANUARY 27, 2016 157
S230731 B255615 Second Appellate District, Div. 8 FOSTER (JENNITA) v. OLD
REPUBLIC DEFAULT
MANAGEMENT SERVICES
Petition for review & publication request(s) denied
S230744 B255773 Second Appellate District, Div. 8 PEOPLE v. FULLER
(ALONZO D.)
Petitions for review denied
S230788 H041613 Sixth Appellate District PEOPLE v. DAVIS (AARON
JONATHAN)
Petition for review denied
S230811 H040846 Sixth Appellate District AIASSA (ANNETTE) v.
VOLPE (CHARLES W.)
Petition for review denied
S230823 B255199 Second Appellate District, Div. 1 VALENCIA (AMANDA) v.
SCIS AIR SECURITY
CORPORATION
Petition for review denied
S230831 D066887 Fourth Appellate District, Div. 1 WILLIAMS (STEVEN G.) ON
H.C.
Petition for review denied
S230836 D066227 Fourth Appellate District, Div. 1 PEOPLE v. BUCKLEY
(THOMAS CONATY)
Petition for review denied
S230914 B257142 Second Appellate District, Div. 4 ODELL (MICHAEL) v. BANK
OF AMERICA, N.A.
Petition for review denied
Chin, J., was recused and did not participate.
SAN FRANCISCO JANUARY 27, 2016 158
S230950 A144319 First Appellate District, Div. 2 NANDA (ASHWIN) v.
WESTERN DENTAL
SERVICES, INC.
Petition for review denied
S230963 B257243 Second Appellate District, Div. 2 PEOPLE v. GOLDEN
(VICTOR MARCELLOUS)
Petition for review denied
S230966 B252679 Second Appellate District, Div. 6 PEOPLE v. ALAMOS
(VICTOR ANTONIO)
Petition for review denied
S230979 A138815 First Appellate District, Div. 5 PEOPLE v. SMITH
(MICHAEL CURTIS)
Petition for review denied
S231004 C076627 Third Appellate District PEOPLE v. TANNER
(FREDERICK)
Petition for review denied
S231005 E060198 Fourth Appellate District, Div. 2 PEOPLE v. DIEDERICH, JR.,
(PAUL WALTER)
Petition for review denied
S231037 B259137 Second Appellate District, Div. 6 PEOPLE v. WHITE
(HILARRY TRAVON)
Petition for review denied
S231056 C072061 Third Appellate District PEOPLE v. CRISTOBAL
(JOHN JOSHUA)
Petition for review denied
S231083 F069282 Fifth Appellate District PEOPLE v. BROWNLEE
(TERRENCE)
Petition for review denied
SAN FRANCISCO JANUARY 27, 2016 159
S231101 D067070 Fourth Appellate District, Div. 1 PEOPLE v. ANDERS
(KENNETH)
Petition for review denied
S231121 A141391 First Appellate District, Div. 2 GUESS (PAUL) v. CONTRA
COSTA COMMUNITY
COLLEGE DISTRICT
Petition for review & publication request(s) denied
S231131 E062263 Fourth Appellate District, Div. 2 PEOPLE v. BOWEN
(MICHAEL EDWARD)
Petition for review denied
S231136 F069520 Fifth Appellate District PEOPLE v. FRANKLIN
(BRADLEY)
Petition for review denied
S231155 B265327 Second Appellate District, Div. 3 PEOPLE v. GONZALEZ III
(MANUEL ANTONIO)
Petition for review denied
S231156 C079287 Third Appellate District PEOPLE v. McFARLAND
(DOUGLAS SCOTT)
Petition for review denied
S231169 A146836 First Appellate District, Div. 4 WALKER (JEFFREY) ON
H.C.
Petition for review denied
S231226 B262300 Second Appellate District, Div. 8 PEOPLE v. GONZALEZ
(DANNY FRANK)
Petition for review denied
S231236 A146757 First Appellate District, Div. 4 WALKER (JEFFREY) ON
H.C.
Petition for review denied
SAN FRANCISCO JANUARY 27, 2016 160
S231251 B254046/B234253/B255133/B255276
Second Appellate District, Div. 1 REYES (FELICE P. & DAVID
K.), MARRIAGE OF
Petition for review denied
The request of judicial notice is denied.
S231258 F067425 Fifth Appellate District PEOPLE v. CERVANTES
(FERNANDO ARROYO)
Petition for review denied
S231286 A146451 First Appellate District, Div. 2 BOARD OF TRUSTEES OF
THE CALIFORNIA STATE
UNIVERSITY v. S.C. (CHILI)
Petition for review denied
S231307 H042785 Sixth Appellate District HENARD (JOSEPH) v.
ARGENT MORTGAGE
COMPANY
Petition for review denied
S231311 E064567 Fourth Appellate District, Div. 2 AGUINA (AGUINA) & KANG
(CHOONG-DAE), MARRIAGE
OF
Petition for review denied
S231318 D066849 Fourth Appellate District, Div. 1 PEOPLE v. CONTRERAS
(HECTOR)
Petition for review denied
S231322 B256044 Second Appellate District, Div. 6 PEOPLE v. AUSTIN (JEREMY
KINGSLY)
Petition for review denied
S231332 B268657 Second Appellate District, Div. 7 NEIGHBORS (SLADE) v. S.C.
(JANE DOE)
Petition for review denied
SAN FRANCISCO JANUARY 27, 2016 161
S231333 B268200 Second Appellate District, Div. 5 OBANDO (RENATO) ON H.C.
Petition for review denied
S231341 H043016 Sixth Appellate District IDEAFARM (WO OF) v. S.C.
(PEOPLE)
Petition for review denied
S231342 B257600 Second Appellate District, Div. 7 PEOPLE v. LINARES
(MARVIN)
Petition for review denied
S231345 G052611 Fourth Appellate District, Div. 3 O’CONNOR (GLENN) ON
H.C.
Petition for review denied
S231346 B265428 Second Appellate District, Div. 5 PEOPLE v. CONTRERAS
(EDGAR)
Petition for review denied
S231347 B259195 Second Appellate District, Div. 5 PEOPLE v. RILEY (DAVID
LOUIS)
Petition for review denied
S231348 B258498 Second Appellate District, Div. 4 PEOPLE v. McCULLAH
(DAVID LYNN)
Petition for review denied
S231349 E061566 Fourth Appellate District, Div. 2 PEOPLE v. MENDOZA
(RAUL)
Petition for review denied
S231351 A144472 First Appellate District, Div. 3 HARRELL (HULEN T.) v.
ALAMEDA COUNTY
SHERIFF’S DEPARTMENT
Petition for review denied
SAN FRANCISCO JANUARY 27, 2016 162
S231353 B257226 Second Appellate District, Div. 8 PEOPLE v. JAMES
(CHARLES D.)
Petition for review denied
S231354 HAROONIAN ON
ADMISSION
Petition for review denied – SOHRAB HAROONIAN
S231358 B268626 Second Appellate District, Div. 7 BOGAN (LADRILL) ON H.C.
Petition for review denied
S231359 B256477 Second Appellate District, Div. 1 PEOPLE v. KIRKPATRICK
(AARON)
Petitions for review denied
S231370 HARRIS (WILLIE ARTHUR)
v. SUPREME COURT OF
CALIFORNIA (PEOPLE)
Petition for writ of mandate/prohibition denied
S231383 CORTEZ (GRACIELA A.) v.
COURT OF APPEAL,
FOURTH APPELLATE
DISTRICT, DIVISION THREE
Petition for writ of mandate/prohibition denied
S231385 LEDUC (LANANH) v. S.C.
(WEST ANAHEIM MEDICAL
CENTER)
The petition for writ of mandate is denied.
S231398 B268462 Second Appellate District, Div. 6 ROMERO (CUAHUTEMOC)
ON H.C.
Petition for review denied
SAN FRANCISCO JANUARY 27, 2016 163
S231399 B260681 Second Appellate District, Div. 4 IN RE JOVANNI B.
Petition for review denied
S231401 B263446 Second Appellate District, Div. 8 COWART (LEBLANCHE M.),
ESTATE OF
Petition for review denied
S231411 B261593 Second Appellate District, Div. 4 PEOPLE v. FLEMINGS
(KEVIN)
Petition for review denied
S231417 C072081 Third Appellate District PEOPLE v. BATTON
(MARIO)
Petition for review denied
S231418 D067589 Fourth Appellate District, Div. 1 PEOPLE v. JONES (GUY)
Petition for review denied
S231421 F067224 Fifth Appellate District PEOPLE v. BONILLA (JOSE
SAUL)
Petition for review denied
S231422 F068889 Fifth Appellate District PEOPLE v. McNEILL
(JOSHUA JAMES)
Petition for review denied
S231425 E061546 Fourth Appellate District, Div. 2 PEOPLE v. WALKER
(ERWIN MAURICE)
Petition for review denied
S231427 D066812 Fourth Appellate District, Div. 1 STEWART (LINDSEY E.) v.
HOME DEPOT U.S.A., INC.
Petition for review denied
Chin, J., was recused and did not participate.
SAN FRANCISCO JANUARY 27, 2016 164
S231430 E062423 Fourth Appellate District, Div. 2 PEOPLE v. AGUAYO (DELIA)
Petition for review denied
S231431 E061372 Fourth Appellate District, Div. 2 PEOPLE v. HERRERA
(GUILLERMO ANTONIO)
Petition for review denied
S231440 B261899 Second Appellate District, Div. 4 PEOPLE v. EVANS
(VERNON)
Petition for review denied
S231446 H038679 Sixth Appellate District CALANDE (EUGENIA) v.
SURF & SAND, LLC
Petition for review denied
S231451 F072775 Fifth Appellate District BILLINGS (CARSON) v. S.C.
(PEOPLE)
Petition for review denied
S231453 D067378 Fourth Appellate District, Div. 1 PEOPLE v. IBARRA
(GERMAN)
Petition for review denied
S231458 C080776 Third Appellate District LAW (HALSTON) ON H.C.
Petition for review denied
S231463 C079047 Third Appellate District PEOPLE v. HOLCOMB
(RONALD LOY)
Petition for review denied
S231466 D068687 Fourth Appellate District, Div. 1 PEOPLE v. LARA (JUAN
CARLOS ORTEGA)
Petition for review denied
SAN FRANCISCO JANUARY 27, 2016 165
S231513 F069665 Fifth Appellate District FLOOD (BARBARA) v.
HARDT (THOMAS M.)
Petition for review denied
S231630 G052945 Fourth Appellate District, Div. 3 E. (KIRK) v. S.C. (ORANGE
COUNTY SOCIAL SERVICES
AGENCY)
Petition for review & application for stay denied
S227746 TRUSCHKE, JR., (JAMES
EDWARD) ON H.C.
Petition for writ of habeas corpus denied
S229315 BAKER (KEVIN) ON H.C.
Petition for writ of habeas corpus denied
S229477 HIMMELBERGER (KRISTIN
R.) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Dexter (1979) 25 Cal.3d 921,
925-926.)
S229478 TORRES (JOSE) ON H.C.
Petition for writ of habeas corpus denied
S229708 GIL (ISAAC ANTHONY) ON
H.C.
Petition for writ of habeas corpus denied
S229775 SANCHEZ (JOSEPH E.) ON
H.C.
Petition for writ of habeas corpus denied
S229793 HOOKER, SR., (MAURICE
W.) ON H.C.
Petition for writ of habeas corpus denied
SAN FRANCISCO JANUARY 27, 2016 166
S229888 GEORGE (CHRIS ANTHONY)
ON H.C.
Petition for writ of habeas corpus denied
S229963 ROBBINS (LEE) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Dexter (1979) 25 Cal.3d 921,
925-926.)
S229970 CLAY (ROY D.) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Clark (1993) 5 Cal.4th 750, 797-798.)
S229971 BAPTISTE (KENNETH E.) ON
H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Clark (1993) 5 Cal.4th 750, 797-798; In re Miller (1941) 17 Cal.2d 734, 735.)
S229993 WRIGHT (CHRISTOPHER
LANE) ON H.C.
The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464,
474.)
S229997 MICHEL (RAMON) ON H.C.
Petition for writ of habeas corpus denied
S230002 BATTLE (NOAH HENRY
OMECHANTE) ON H.C.
Petition for writ of habeas corpus denied
S230006 SUAREZ (MIGUEL) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Waltreus (1965) 62 Cal.2d 218, 225;
In re Lindley (1947) 29 Cal.2d 709, 723.)
S230009 TORRES (ARTHUR) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Clark (1993) 5 Cal.4th 750, 797-798.)
SAN FRANCISCO JANUARY 27, 2016 167
S230012 CHISM III (WILLIAM H.) ON
H.C.
Petition for writ of habeas corpus denied
S230028 NEVELS (ROMAINE
LAPAUL) ON H.C.
The petition for writ of habeas corpus is denied on the merits with respect to petitioner’s claim
that trial counsel was ineffective. (See Harrington v. Richter (2011) 562 U.S. 86, citing Ylst v.
Nunnemaker (1991) 501 U.S. 797, 803.)
S230030 KON (KENNETH) ON H.C.
Petition for writ of habeas corpus denied
S230032 TRUJILLO (MICHAEL
KEITH) ON H.C.
The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464, 474;
In re Swain (1949) 34 Cal.2d 300, 304; In re Dixon (1953) 41 Cal.2d 756, 759; In re Lindley
(1947) 29 Cal.2d 709, 723.)
S230043 PERALES (CARLOS MOSES)
ON H.C.
Petition for writ of habeas corpus denied
S230048 MORRIS (ANDRE
MARCHELLE) ON H.C.
Petition for writ of habeas corpus denied
S230056 DELGADO (ADAM) ON H.C.
Petition for writ of habeas corpus denied
S230058 GORDON (JARVIS M.) ON
H.C.
Petition for writ of habeas corpus denied
SAN FRANCISCO JANUARY 27, 2016 168
S230060 LOZANO (ARTURO
GONZALEZ) ON H.C.
Petition for writ of habeas corpus denied
S230062 YOUNG (HOWARD ALLEN)
ON H.C.
Petition for writ of habeas corpus denied
S230139 MORRIS (RAYMOND
CHARLES) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780.)
S230141 THOMPSON (JASON JAVON)
ON H.C.
Petition for writ of habeas corpus denied
S230142 GOMEZ (VALENTINO) ON
H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780.)
S230149 WILSON (PETER) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Clark (1993) 5 Cal.4th 750, 767-769; In re Miller (1941) 17 Cal.2d 734, 735.)
S230150 FLYNN (PATRICK HENRY)
ON H.C.
Petition for writ of habeas corpus denied
S230151 COYNE (ANTHONY DALE)
ON H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
People v. Duvall (1995) 9 Cal.4th 464, 474; In re Swain (1949) 34 Cal.2d 300, 304.)
S230159 MASSON, JR., (THOMAS L.)
ON H.C.
Petition for writ of habeas corpus denied
SAN FRANCISCO JANUARY 27, 2016 169
S230182 MISKAM (TRAVIS GEORGE)
ON H.C.
Petition for writ of habeas corpus denied
S230195 FOSSINGER (DANNY) ON
H.C.
Petition for writ of habeas corpus denied
S230207 LOPEZ (RUBEN) ON H.C.
Petition for writ of habeas corpus denied
S230208 QUEZADA (MIGUEL) ON
H.C.
Petition for writ of habeas corpus denied
S230210 EALES (ROBERT A.) ON H.C.
The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464, 474;
In re Swain (1949) 34 Cal.2d 300, 304.)
S230243 HARTMAN (MICHAEL
ANTHONY) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Clark (1993) 5 Cal.4th 750, 767-769; In re Miller (1941) 17 Cal.2d 734, 735.)
S230244 RUSH (LARRY) ON H.C.
Petition for writ of habeas corpus denied
S230246 HUCKABEE (ANTHONY
CRAIG) ON H.C.
Petition for writ of habeas corpus denied
S230247 ROMO (ANDRES) ON H.C.
The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464, 474;
In re Waltreus (1965) 62 Cal.2d 218, 225; In re Swain (1949) 34 Cal.2d 300, 304.)
SAN FRANCISCO JANUARY 27, 2016 170
S230248 OLIVE (DAMIEN DWAYNE)
ON H.C.
The petition for writ of habeas corpus is denied. (See In re Lessard (1965) 62 Cal.2d 497, 503; In
re Dixon (1953) 41 Cal.2d 756, 759; In re Lindley (1947) 29 Cal.2d 709, 723.)
S230258 SWEET (MICHAEL A.) ON
H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Clark (1993) 5 Cal.4th 750, 767-769.)
S230260 HARRINGTON (STEVE) ON
H.C.
The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464, 474;
In re Swain (1949) 34 Cal.2d 300, 304.)
S230280 TAYLOR (FARMONTAE
DAYONN) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Clark (1993) 5 Cal.4th 750, 767-769.)
S230282 GODOY (MAURICIO) ON
H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Clark (1993) 5 Cal.4th 750, 767-769; In re Dixon (1953) 41 Cal.2d 756, 759.)
S230318 PRICE (IMMANUEL C.) ON
H.C.
Petition for writ of habeas corpus denied
S230319 TOALEPAI (FALAO) ON H.C.
Petition for writ of habeas corpus denied
S230322 ROBINS (MAURICE DAVON)
ON H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Clark (1993) 5 Cal.4th 750, 767-769.)
SAN FRANCISCO JANUARY 27, 2016 171
S230441 BOUCHE (EDDIE ESTRADA)
ON H.C.
The petition for writ of habeas corpus is denied. (See In re Dexter (1979) 25 Cal.3d 921,
925-926.)
S230552 REED (CHRISTOPHER) ON
H.C.
The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464, 474;
In re Swain (1949) 34 Cal.2d 300, 304.)
S230725 GLASS (RAYMOND
GEORGE) ON H.C.
The petition for writ of habeas corpus is denied. (See People v. Duvall (1995) 9 Cal.4th 464, 474;
In re Dexter (1979) 25 Cal.3d 921, 925-926.)
S230732 TAYLOR (FARMONTAE
DAYONN) ON H.C.
The petition for writ of habeas corpus is denied. (See In re Robbins (1998) 18 Cal.4th 770, 780;
In re Clark (1993) 5 Cal.4th 750, 767-769; People v. Duvall (1995) 9 Cal.4th 464, 474; In re
Swain (1949) 34 Cal.2d 300, 304.)
S231197 TOALEPAI (FALAO) ON H.C.
Petition for writ of habeas corpus denied
S230231 A141927 First Appellate District, Div. 5 G. (A.) v. SAN FRANCISCO
UNIFIED SCHOOL DISTRICT
Publication request denied (case closed)
S230256 B257371 Second Appellate District, Div. 8 VARGAS (ROY TORIVIO) v.
COUNTY OF LOS ANGELES
Publication request denied (case closed)
S230924 C077907 Third Appellate District IN RE A.R.
Publication request denied (case closed)
SAN FRANCISCO JANUARY 27, 2016 172
S121365 SNOW (PRENTICE JUAN) ON
H.C.
Extension of time granted
Good cause appearing, and based upon Deputy Attorney General Roberta L. Davis’s
representation that the return to order to show cause is anticipated to be filed by May 23, 2016,
counsel’s request for an extension of time in which to file that document is granted to March 29,
2016. After that date, only one further extension totaling about 54 additional days is
contemplated.
S165998 PEOPLE v. PLATA (NOEL
JESSE) & TRAN (RONALD
TRI)
Extension of time granted
Good cause appearing, and based upon Senior Deputy State Public Defender Karen Hamilton’s
representation that appellant Noel Jesse Plata’s opening brief is anticipated to be filed by July 30,
2016, counsel’s request for an extension of time in which to file that brief is granted to March 28,
2016. After that date, only two further extensions totaling about 125 additional days will be
granted.
An application to file an overlength brief must be served and filed no later than 60 days before the
anticipated filing date. (See Cal. Rules of Court, rule 8.631(d)(1)(A)(ii) & (B)(ii).)
S165998 PEOPLE v. PLATA (NOEL
JESSE) & TRAN (RONALD
TRI)
Extension of time granted
Good cause appearing, and based upon counsel Catherine White’s representation that appellant
Ronald Tri Tran’s opening brief is anticipated to be filed by June 1, 2016, counsel’s request for an
extension of time in which to file that brief is granted to March 28, 2016. After that date, only
one further extension totaling about 64 additional days is contemplated.
An application to file an overlength brief must be served and filed no later than 60 days before the
anticipated filing date. (See Cal. Rules of Court, rule 8.631(d)(1)(A)(ii) & (B)(ii).)
S172432 PEOPLE v. CHEATHAM
(STEVEN DEWAYNE)
Extension of time granted
Good cause appearing, and based upon counsel Conrad Petermann’s representation that the
appellant’s opening brief is anticipated to be filed by April 1, 2016, counsel’s request for an
extension of time in which to file that brief is granted to April 1, 2016. After that date, no further
extension is contemplated.
An application to file an overlength brief must be served and filed no later than 60 days before the
anticipated filing date. (See Cal. Rules of Court, rule 8.631(d)(1)(A)(ii) & (B)(ii).)
SAN FRANCISCO JANUARY 27, 2016 173
S185221 PEOPLE v. LEWIS (TRAVIS
JEREMY)
Extension of time granted
Good cause appearing, and based upon counsel Tara K. Hoveland’s representation that the
appellant’s opening brief is anticipated to be filed by June 23, 2016, counsel’s request for an
extension of time in which to file that brief is granted to April 4, 2016. After that date, only two
further extensions totaling about 81 additional days are contemplated.
An application to file an overlength brief must be served and filed no later than 60 days before the
anticipated filing date. (See Cal. Rules of Court, rule 8.631(d)(1)(A)(ii) & (B)(ii).)
S200982 PEOPLE v. RONQUILLO
(GABRIEL ALEXANDER)
Extension of time granted
Good cause appearing, and based upon counsel Conrad Petermann’s representation that the
appellant’s opening brief is anticipated to be filed by October 15, 2016, counsel’s request for an
extension of time in which to file that brief is granted to March 28, 2016. After that date, only
four further extensions totaling about 200 additional days are contemplated.
An application to file an overlength brief must be served and filed no later than 60 days before the
anticipated filing date. (See Cal. Rules of Court, rule 8.631(d)(1)(A)(ii) & (B)(ii).)
S221802 DUFF (DEWEY JOE) ON H.C.
Extension of time granted
The application of petitioner for relief from default for the failure to timely file petitioner’s
request for extension of time is granted.
Good cause appearing, and based upon counsel Marylou Hillberg’s representation that the reply to
the informal response to the petition for writ of habeas corpus is anticipated to be filed by
October 1, 2016, counsel’s request for an extension of time in which to file that document is
granted to March 15, 2016. After that date, only four further extensions totaling about 202
additional days will be granted.
S059531 PEOPLE v. REDD (STEPHEN
MORELAND)
Marsden motion denied
The “Motion to Replace Ineffective Counsel (Marsden Motion),” submitted to the court by
appellant in propria persona and filed on November 30, 2015, pursuant to People v. Marsden
(1970) 2 Cal.3d 118, is denied.
SAN FRANCISCO JANUARY 27, 2016 174
S097414 PEOPLE v. KOPATZ (KIM
RAYMOND)
Marsden motion denied
The documents submitted to the court by appellant in propria persona and filed on December 2,
2015, are construed as a motion for substitution of counsel pursuant to People v. Marsden (1970)
2 Cal.3d 118. So construed, the motion is denied.
S178239 PEOPLE v. HARRIS (KAI)
Motion for access to sealed record granted
Respondent’s “Motion for Access to Sealed Penal Code Section 987.9 Materials for Use in the
Pending State Habeas Proceeding,” filed on December 21, 2015, is granted. The Clerk is directed
to provide respondent access to the materials filed under seal in the record on appeal in People v.
Harris, No. S178239, pursuant to Penal Code section 987.9: Clerk’s Transcript, “987.9
Documents,” Volume 1, pages 1-272. The Attorney General must supply the personnel and
equipment necessary to undertake the examination and copying of these documents, which must
occur on the premises of the court. Except as provided herein, these documents remain under seal
and their use must be limited solely to the pending proceeding. (Pen. Code § 987.9, subd. (d).)
S045184 PEOPLE v. BONILLA
(STEVEN WAYNE)
Order filed
Because appellant is represented by counsel, the Clerk is directed to return to appellant the pro se
submissions received on December 16, 2015, December 17, 2015, December 21, 2015,
December 22, 2015, December 24, 2015, January 6, 2016, January 11, 2016, January 12, 2016,
and January 13, 2016. (In re Barnett (2003) 31 Cal.4th 466.)
S072949 PEOPLE v. BRASURE
(SPENCER RAWLINS)
Motion denied
Condemned prisoner Spencer Rawlins Brasure’s pro se submission titled “Motion for Hearing as
to Due Process Violations,” received on October 17, 2014, is construed as a motion for the
immediate appointment of counsel for habeas corpus and executive clemency proceedings. The
Clerk is directed to file the motion as of the date it was received. So construed, the motion is
denied because counsel will be appointed in due course.
SAN FRANCISCO JANUARY 27, 2016 175
S218712 B243773 Second Appellate District, Div. 8 PEOPLE v. SAFETY
NATIONAL CASUALTY
INSURANCE CO.
Order filed
The above entitled matter is retitled as follows:
THE PEOPLE, Plaintiff and Respondent,
v.
SAFETY NATIONAL CASUALTY CORPORATION, Defendant and Appellant.
S222726 B256604 Second Appellate District, Div. 7 JOHN (ALEYAMMA) v. S.C.
(CHAN)
Order filed
The request of real party in interest to allocate to amicus curiae County of Tulare 10 minutes of
real party in interest’s 30-minute allotted time for oral argument is granted.
S226036 B251810 Second Appellate District, Div. 6 SAN BUENAVENTURA, CITY
OF v. UNITED WATER
CONSERVATION DISTRICT
Order filed
On application of appellant City of San Buenaventura and good cause appearing, the request to
file the response to amicus briefs in excess of 14,000 words is hereby granted.
S230767 PEOPLE v. STANLEY
(GERALD FRANK)
Order filed
Because appellant is represented by counsel, Attorney Jack Leavitt, the Clerk is directed to return
to appellant the pro se submissions received on May 15, 2015, June 3, 2015, July 10, 2015,
September 28, 2015, October 13, 2015, October 19, 2015, December 4, 2015, and December 7,
2015. (In re Barnett (2003) 31 Cal.4th 466.)
S231488 ACCUSATION OF SIMONS
Motion to file document under seal denied
The “Application To Seal Exhibits,” filed on December 24, 2015, is denied. (Cal. Rules of Court,
rule 8.46(d)(6).) The Clerk is directed to return the “Supreme Court Lodged Exhibits,” lodged
December 28, 2015, unless applicant notifies the Clerk in writing within 10 days after the date of
this order that the lodged exhibits are to be filed as part of the public record. (Cal. Rules of Court,
rule 8.46(d)(7).)