IN THE SUPREME COURT OF CALIFORNIA
THE PEOPLE,
Plaintiff and Respondent,
S023000
v.
DEAN PHILLIP CARTER,
San
Diego
County
Defendant and Appellant. )
Super.
Ct.
No.
90280
MODIFICATION OF OPINION
THE COURT:
The opinion in this case, filed on August 15, 2005, and appearing at 36
Cal.4th 1215, is modified as follows:
1.
On page 1270, within the paragraph continued from page 1269, the
clause “defendant’s motion to exclude other-crimes evidence involving the death
of Tok Kim, and the murders of Susan Knoll, Jillette Mills, and Bonnie Guthrie,
improperly was denied” is modified to read, “defendant’s motion to exclude other-
crimes evidence involving the death of Tok Kim, the murders of Susan Knoll,
Jillette Mills, and Bonnie Guthrie, and the rape of Jennifer S., improperly was
denied”; and
2.
At the end of the second full paragraph on page 1277, a new
footnote 41 is inserted containing the following text: “We also reject as meritless
defendant’s assertions of prosecutorial misconduct to the extent that they relate to
alleged instances of misconduct during voir dire, which defendant addresses in
connection with his penalty phase argument.” Inserting this footnote requires
renumbering of the subsequent footnotes in the opinion.
This modification does not affect the judgment.
Opinion Information
| Date: | Docket Number: |
| Wed, 10/26/2005 | S023000M |
Parties
| 1 | The People (Respondent) Represented by Attorney General - San Diego Office Jeffrey J. Koch, Deputy Attorney General P.O. Box 85266 San Diego, CA |
| 2 | Carter, Dean Phillip (Appellant) Represented by Federal Public Defender - La Brad D. Levenson / Amanda R. Touchton 321 East Second Street Los Angeles, CA |
| Disposition | |
| Aug 15 2005 | Opinion: Affirmed |
| Dockets | |
| Sep 9 1991 | Judgment of death |
| Sep 19 1991 | Filed cert. copy of Judgement of Death Rendered 9-9-91. |
| Sep 29 1991 | Application for Extension of Time filed By CSR Cathy Bell to Complete R.T. |
| Sep 29 1991 | Application for Extension of Time filed By CSR Donna Gebhart to Complete R.T. |
| Sep 29 1991 | Application for Extension of Time filed By CSR Duane Rankin to Complete R.T. |
| Sep 29 1991 | Application for Extension of Time filed By Csrs John Avery & David Daily to Complete R.T. |
| Sep 30 1991 | Application for Extension of Time filed By County Clerk to Complete C.T. |
| Oct 3 1991 | Extension of Time application Granted To Court Reporters To 11-28-91 To Complete R.T. |
| Oct 8 1991 | Application for Extension of Time filed By CSR Lynn Alexander to Complete R.T. |
| Oct 10 1991 | Extension of Time application Granted To County Clerk To 12-2-91 To Complete C.T. |
| Oct 11 1991 | Extension of Time application Granted To Court Reporter To 10-30-91 To Complete R.T. |
| Mar 18 1994 | Counsel appointment order filed Upon request of appellant for appointment of counsel, Phillip H. Cherney, Esq., is hereby appointed to represent appellant on his automatic appeal now pending in this court, including any related habeas proceedings. |
| Apr 11 1994 | Application for Extension of Time filed By Applt to request correction of Record. |
| Apr 13 1994 | Extension of Time application Granted To Applt To 6-16-94 To request Corr. of Record. |
| Apr 20 1994 | Compensation awarded counsel |
| Jun 17 1994 | Application for Extension of Time filed By Applt to request correction of Record. |
| Jun 22 1994 | Extension of Time application Granted To Applt To 8-15-94 To request Corr. of Record. |
| Aug 15 1994 | Application for Extension of Time filed By Applt to request correction of Record. |
| Aug 16 1994 | Extension of Time application Granted To Applt To 10-14-94 To request Corr. of Record. |
| Sep 8 1994 | Change of Address filed for: Atty Phillip H. Cherney. |
| Oct 17 1994 | Application for Extension of Time filed By Applt to request correction of the Record. |
| Oct 18 1994 | Extension of Time application Granted To Applt To 12-13-94 To request Corr. of Record. |
| Dec 13 1994 | Application for Extension of Time filed By Applt to request correction of the Record. |
| Dec 14 1994 | Extension of Time application Granted To Applt To 2-14-95 To request Corr. of Record. |
| Feb 15 1995 | Application for Extension of Time filed By Applt to request correction of Record. |
| Feb 16 1995 | Extension of Time application Granted To Applt To 4-17-95 To request Corr. of Record. |
| Apr 17 1995 | Application for Extension of Time filed By Applt to request correction of Record. |
| Apr 18 1995 | Extension of Time application Granted To Applt To 6-16-95 To request Corr. of Record. |
| Jun 16 1995 | Application for Extension of Time filed By Applt to request correction of Record. |
| Jun 19 1995 | Extension of Time application Granted To Applt To 8-15-95 To request Corr. of Record. |
| Aug 15 1995 | Application for Extension of Time filed By Applt to request correction of Record. |
| Aug 17 1995 | Extension of Time application Granted To Applt To 10-16-95 To request Corr. of Record. |
| Oct 16 1995 | Application for Extension of Time filed By Applt to request correction of Record. |
| Oct 17 1995 | Extension of Time application Granted To Applt To 12-15-95 To request Corr. of Record. |
| Dec 15 1995 | Application for Extension of Time filed By Applt to request correction of the Record. |
| Dec 15 1995 | Extension of Time application Granted To Applt To 2-13-96 To request Corr. of Record. |
| Feb 15 1996 | Application for Extension of Time filed By Applt to request correction of Record |
| Feb 16 1996 | Extension of Time application Granted To April 15,1996 To request correction of the Record on Appeal.Counsel for Applt Is Ordered To Notify the Clerk of the Supreme Court in Writing As Soon As the Act As to which the Court has granted an Extention of time has been Completed. |
| Apr 16 1996 | Application for Extension of Time filed By Applt to request correction of the Record. |
| Apr 22 1996 | Extension of Time application Granted To Applt To 6-14-96 To request Corr. of Record. |
| Jun 12 1996 | Application for Extension of Time filed By Applt to request correction of the Record. |
| Jun 13 1996 | Extension of Time application Granted To Applt To 8-13-96 To request Corr. of Record. no further Extensions of time Are Contemplated. |
| Aug 12 1996 | Received copy of appellant's record correction motion Application to Provide Sealed Transcripts and to Augment, Correct and Settle the Record on Appeal. (27 pp. excluding attachments). |
| Aug 21 1996 | Compensation awarded counsel |
| Mar 17 1997 | Record on appeal filed C-17 (3,397 Pp.) and R-109 (10,173 Pp.) (Includes Sealed Material). Clerk's Transcript includes 578 pages of Juror Questionnaires. |
| Mar 17 1997 | Appellant's opening brief letter sent, due: 4-28-97. |
| Mar 19 1997 | Compensation awarded counsel |
| Apr 25 1997 | Application for Extension of Time filed To file Aob. |
| Apr 29 1997 | Extension of Time application Granted To 6-27-97 To file Aob. |
| Jun 26 1997 | Application for Extension of Time filed To file Aob. |
| Jun 27 1997 | Extension of Time application Granted To 8-26-97 To file Aob. |
| Aug 25 1997 | Application for Extension of Time filed To file Aob. |
| Aug 27 1997 | Extension of Time application Granted To 10-27-97 To file Aob. |
| Oct 27 1997 | Application for Extension of Time filed By Applt to file AOB |
| Oct 28 1997 | Extension of Time application Granted To December 29, 1997 To file AOB |
| Dec 29 1997 | Application for Extension of Time filed To file Aob. |
| Dec 30 1997 | Extension of Time application Granted To 2-27-98 To file Aob. |
| Feb 26 1998 | Application for Extension of Time filed To file Aob. |
| Mar 3 1998 | Extension of Time application Granted To 4-28-98 To file Aob. |
| Apr 27 1998 | Application for Extension of Time filed To file Aob. |
| Apr 28 1998 | Extension of Time application Granted To 6-29-98 To file AOB |
| Jun 26 1998 | Application for Extension of Time filed To file Aob. |
| Jul 2 1998 | Extension of Time application Granted To 8-28-98 To file AOB |
| Aug 28 1998 | Application for Extension of Time filed To file Aob. |
| Aug 28 1998 | Extension of Time application Granted To 10-27-98 To file Aob. |
| Oct 26 1998 | Application for Extension of Time filed To file Aob. |
| Nov 2 1998 | Filed: Suppl Decl of Phillip Cherney in support of request for Eot. |
| Nov 3 1998 | Extension of Time application Granted To 12-28-98 To file Aob. |
| Dec 28 1998 | Application for Extension of Time filed To file AOB |
| Jan 6 1999 | Extension of Time application Granted To 2-26-99 To file AOB |
| Feb 26 1999 | Application for Extension of Time filed To file Aob. |
| Mar 3 1999 | Extension of Time application Granted On the representation of Counsel Phillip H Cherney that He Anticipates filing Applt's Opening brief in this Matter "by the End of June,1999," the Request for Extension of time in which to file AOB Is granted to 4-27-99.Only one Additional Extension of time Is Contemplated in this Matter. |
| Apr 26 1999 | Application for Extension of Time filed To file Aob. |
| Apr 29 1999 | Extension of Time application Granted Based Upon Counsel's representation that He [Does] not Anticipate Any other Responsibilities Will Interfere with [His] Ability to Complete and file An Opening brief in this case by the End of June 1999,the time for filing AOB Is extended to and Including 6-30-99. No further Extensions of time will be granted |
| Jun 30 1999 | Filed: Applt's Applic. for Leave to file Oversized Aob. (AOB submitted Under Separate Cover.) |
| Jul 2 1999 | Order filed: The Application of Appellant for Leave to file an Oversized Appellant's Opening brief Is Granted. |
| Jul 2 1999 | Appellant's opening brief filed (382 Pp) |
| Jul 7 1999 | Compensation awarded counsel |
| Jul 23 1999 | Application for Extension of Time filed To file Resp's brief. |
| Jul 28 1999 | Extension of Time application Granted To 9-30-99 To file Respondent's brief |
| Sep 24 1999 | Application for Extension of Time filed To file Resp's brief. |
| Sep 28 1999 | Extension of Time application Granted To 11/29/99 To file Resp's brief. |
| Nov 23 1999 | Application for Extension of Time filed To file Resp's brief. |
| Nov 30 1999 | Extension of Time application Granted To 12/29/99 To file Resp's brief. |
| Dec 23 1999 | Application for Extension of Time filed To file Resp's brief. |
| Jan 4 2000 | Extension of Time application Granted To 1/28/2000 To file Resp's brief. |
| Jan 26 2000 | Respondent's brief filed (209 Pps.) |
| Feb 3 2000 | Compensation awarded counsel Atty Cherney |
| Feb 14 2000 | Application for Extension of Time filed To file reply brief. |
| Feb 18 2000 | Extension of Time application Granted To 4/17/2000 To file reply brief. |
| Apr 17 2000 | Application for Extension of Time filed To file reply brief. |
| Apr 18 2000 | Extension of Time application Granted To 6/16/2000 To file reply brief. |
| May 12 2000 | Compensation awarded counsel Atty Cherney |
| Jun 16 2000 | Application for Extension of Time filed To file reply brief. |
| Jun 22 2000 | Extension of Time application Granted To 8/15/2000 To file reply brief. |
| Aug 14 2000 | Application for Extension of Time filed To file reply brief. (4th request) |
| Aug 14 2000 | Counsel's status report received (confidential) |
| Aug 16 2000 | Extension of Time application Granted To 10/16/2000 to file reply brief. |
| Aug 22 2000 | Compensation awarded counsel Atty Cherney |
| Oct 16 2000 | Application for Extension of Time filed To file reply brief. (5th request) |
| Oct 24 2000 | Extension of Time application Granted To 12/15/2000 to file reply brief. |
| Dec 12 2000 | Application for Extension of Time filed To file reply brief. (6th request) |
| Dec 14 2000 | Extension of Time application Granted To 1/16/2001 to file reply brief. |
| Dec 22 2000 | Application to file over-length brief filed To file reply brief. |
| Dec 28 2000 | Filed: confidential declaration of counsel. |
| Jan 3 2001 | Order filed: Applt's application for leave to file applt's reply brief in excess of 140 pages is granted. |
| Jan 3 2001 | Appellant's reply brief filed (175 pages) |
| Jan 5 2001 | Compensation awarded counsel Atty Cherney |
| Jan 10 2001 | Compensation awarded counsel Atty Cherney |
| Feb 20 2001 | Counsel's status report received (confidential) |
| Apr 16 2001 | Related habeas corpus petition filed (concurrent) case no. S096874. |
| Apr 16 2001 | Habeas funds request filed (confidential) |
| Apr 23 2001 | Compensation awarded counsel Atty Cherney |
| Sep 12 2001 | Order filed re habeas funds request (confidential) |
| Dec 4 2001 | Compensation awarded counsel Atty Cherney |
| Dec 19 2001 | Compensation awarded counsel Atty Cherney |
| Mar 23 2005 | Oral argument letter sent advising counsel that case could be scheduled for oral argument as early as the late May calendar, to be held the week of May 23, 2005, in San Francisco. The advisement of "focus issues," notification that two counsel are required, and any request for oral argument time in excess of 30 minutes must be submitted to the court within 10 days of the order setting the case for argument. |
| May 3 2005 | Case ordered on calendar 5/24/05, 1:30pm, S.F. |
| May 13 2005 | Filed letter from: respondent, dated 5/12/2005, re focus issues for oral argument. |
| May 16 2005 | Filed letter from: appellant, dated 5-13-2005, with focus issues for oral argument. |
| May 18 2005 | Received: letter from respondent, dated 5-16-2005, with additional authorities. (2 pp.) |
| May 19 2005 | Filed: supplemental proof of service of appellant's focus issue letter filed 5-16-2005. |
| May 20 2005 | Received: letter from appellant, dated 5-18-2005, with additional authority. (1 pp.) |
| May 24 2005 | Cause argued and submitted |
| May 26 2005 | Compensation awarded counsel Atty Cherney |
| Aug 15 2005 | Opinion filed: Judgment affirmed in full Majority Opinion by George, C.J. -----joined by Kennard, Baxter, Werdegar, Chin & Moreno, JJ. |
| Aug 30 2005 | Rehearing petition filed by appellant. (1614 words; 7 pp.) |
| Sep 6 2005 | Time extended to consider modification or rehearing to 11/3/2005, or the date upon which rehearing is either granted or denied, whichever occurs first. |
| Oct 26 2005 | Opinion modified - no change in judgment |
| Oct 26 2005 | Rehearing denied Opinion modified. Petition for rehearing DENIED. |
| Oct 26 2005 | Remittitur issued (AA) |
| Nov 3 2005 | Order filed (150 day statement) |
| Nov 7 2005 | Received: acknowledgment of receipt of remittitur. |
| Feb 15 2006 | Received: letter from U.S.S.C., dated January 25, 2006, advising petition for writ of certiorari filed on January 21, 2006 and placed on docket January 25, 2006 as No. 05-8814. |
| Feb 24 2006 | Received: copy of brief in opposition to petiton for writ of certiorari. (17 pp. - excluding attachments) |
| Apr 3 2006 | Certiorari denied by U.S. Supreme Court |
| Jun 22 2007 | Related habeas corpus petition filed (post-judgment) case no. S153780 |
| Sep 5 2007 | Motion to withdraw as counsel filed by atty Cherney. |
| Sep 5 2007 | Motion for appointment of counsel filed by the Federal Public Defender. |
| Sep 12 2007 | Exhibit(s) filed (AA) Exhibit A filed in support of appellant's motion for appointment of counsel by the Federal Public Defender. |
| Sep 18 2007 | Filed: supplemental proof of service re: Exhibit A Federal Public Defender Amanda R. Touchton |
| Sep 25 2007 | Withdrawal of counsel allowed by order Good cause appearing, the application of appointed counsel for permission to withdraw as attorney of record for condemned prisoner Dean Phillip Carter, filed September 5, 2007, is granted. The order appointing Phillip H. Cherney as counsel of record for condemned prisoner Dean Phillip Carter, filed March 18, 1994, is hereby vacated. The Federal Public Defender for the Central District of California is hereby appointed attorney of record for condemned prisoner Dean Phillip Carter. Counsel is appointed for purposes of all postconviction proceedings in this court, and for subsequent proceedings, including the preparation and filing of a petition for clemency with the Governor of California, as appropriate. |
| Briefs | |
| Jul 2 1999 | Appellant's opening brief filed |
| Jan 26 2000 | Respondent's brief filed |
| Jan 3 2001 | Appellant's reply brief filed |
