Supreme Court of California Justia
Citation 26 Cal.4th 1235
In re Riordan



In re Riordan (2002)26 Cal.4th 1235 , -- Cal.Rptr.2d --; -- P.3d --

[No. S009038. Jan. 7, 2002.]

In re THOMAS L. RIORDAN and ROBERT M. SANGER on Contempt;

THE PEOPLE, Plaintiff and Respondent, v. RICHARD DEAN TURNER, Defendant and Appellant.

(Superior Court of San Bernardino County, No. vcr 807.)

(Opinion by The Court.)

COUNSEL

Thomas L. Riordan, in pro. per.

Robert M. Sanger, in pro. per. [26 Cal.4th 1236]

OPINION

THE COURT.-

On October 19, 1988, in San Bernardino County Superior Court, defendant Richard Dean Turner was sentenced to death. On September 12, 1991, attorney Thomas L. Riordan was appointed as lead counsel to represent defendant Turner in his automatic appeal and any related habeas corpus proceedings; on June 26, 1992, attorney Robert M. Sanger was appointed as associate counsel to represent defendant Turner in the same capacity. The record on appeal was certified on July 6, 1999, and included a reporter's transcript of 4,675 pages and a clerk's transcript of 3,303 pages, including approximately 1,755 pages of juror questionnaires. By letter on that same date, the court informed Riordan and Sanger that the appellant's opening brief was due on August 16, 1999. The court thereafter granted requests for extensions of time to file appellant's opening brief on August 20, 1999, October 21, 1999, December 23, 1999, February 28, 2000, April 18, 2000, and July 3, 2000.

On August 25, 2000, we granted Riordan and Sanger's seventh request for an extension of time to file the opening brief "to and including October 13, 2000," but stated in our order: "No further extensions of time are contemplated." On October 24, 2000, we granted an eighth request for extension of time to file the opening brief "to and including December 12, 2000," but stated in our order: "No further extensions of time will be granted." On December 12, 2000, Riordan and Sanger filed a ninth request for extension of time to file the opening brief, which the court denied on December 20.

On February 2, 2001, Sanger filed a request to reinstate the briefing schedule and grant an additional six months in which to submit the appellant's opening brief. On February 22, 2001, the court denied the request. On [26 Cal.4th 1237] February 21, 2001, Riordan filed a request to withdraw and "substitute in" attorney Sanger as lead counsel. On June 13, 2001, the court denied the request "without prejudice, subject to the filing of a new and different application to withdraw after the filing of the appellant's opening brief and associate counsel Sanger's filing of a request to be designated as lead counsel of record."

On June 27, 2001, we directed that appellant's opening brief "shall be filed on or before July 31, 2001." Our order further warned that "[i]f the brief is not filed by that date, the court will consider issuing an order directing appellant's counsel, Thomas L. Riordan and Robert M. Sanger, to show cause before this court, when the matter is ordered on calendar, why counsel should not be held in contempt of court and further payments suspended or other sanction imposed for their delay in the appellate process occasioned by the eight extensions of time to file the brief thus far granted."

Riordan and Sanger did not file the opening brief on or before July 31, 2001. On August 15, 2001, the court issued an order for Riordan and Sanger to show cause before this court on a date to be determined in November 2001, "why they should not be held in contempt of court for the willful neglect of their duty to file the appellant's opening brief in this case, which we previously ordered to be filed on or before July 31, 2001." The court also ordered Riordan and Sanger to file a return on or before September 7, 2001. Both attorneys filed a timely return.

Riordan and Sanger appeared before the court on November 7, 2001, and were afforded an opportunity to explain why they had not complied with the court's June 27, 2001, order.

[1] The court finds Riordan has not complied with the court's June 27, 200l, order. The court also finds Riordan was aware of and had the ability to comply with that order, and his failure to do so was willful. Willful failure to comply with an order of the court constitutes contempt. (In re Grayson (1997) 15 Cal.4th 792, 794; Code Civ. Proc., ยง 1209, subd. (a)(5).)

Riordan's failure to comply with the June 27, 2001, order of this court is an act occurring within the immediate view and presence of the court within the meaning of Code of Civil Procedure section 1211, and constitutes a direct contempt. (In re Grayson, supra, 15 Cal.4th at p. 794.)

The court finds Thomas L. Riordan guilty of contempt of this court. Having been adjudged in contempt of the California Supreme Court, Thomas L. Riordan is ordered to pay a fine of $1,000. [26 Cal.4th 1238]

Pursuant to Business and Professions Code section 6086.7, the clerk is directed to notify the State Bar of this action by forwarding to the State Bar a copy of this judgment of contempt.

ORDER

En Banc

In conjunction with the order filed November 14, 2001, relieving Thomas L. Riordan as counsel of record for Richard Dean Turner in People v. Turner (S009038), Riordan is ordered to reimburse this court the sum of $42,378.36 for fees paid for preparation of the appellant's opening brief.

[End of Volume 26 Cal.4th]

Automatic appeal from a judgment of death.

Opinion Information
Date:Citation:Docket Number:Category:Status:Cross Referenced Cases:
Mon, 01/07/200226 Cal.4th 1235S009038Automatic Appealclosed; remittitur issued

PEOPLE v. TURNER (RICHARD DEAN) (S004326)
TURNER (RICHARD DEAN) ON H.C. (S124851)


Parties
1The People (Respondent)
Represented by Attorney General - San Diego Office
Douglas C.S. Lee, Deputy Attorney General
P.O. Box 85266
San Diego, CA

2Turner, Richard Dean (Appellant)
Represented by Robert M. Sanger
Sanger & Swysen
233 East Carrillo Street, Suite C
Santa Barbara, CA


Disposition
Jan 7 2002Opinion: Attorney contempt proceeding

Dockets
Oct 19 1988Judgment of death
Feb 17 1989Filed certified copy of Judgment of Death Rendered
10-19-88.
Sep 12 1991Counsel appointment order filed
Upon request of appellant for appointment of counsel, Thomas L. Riordan, Esq., is hereby appointed to represent appellant on his automatic appeal now pending in this court.
Dec 11 1991Application for Extension of Time filed
By Applt to request correction of Record.
Dec 13 1991Extension of Time application Granted
To Applt To 2-24-92 To request Corr. of Record.
Feb 6 1992Application for Extension of Time filed
By Applt to request correction of Record.
Feb 7 1992Extension of Time application Granted
To Applt To 4-24-92 To request Corr. of Record.
Feb 11 1992Compensation awarded counsel
Feb 24 1992Filed:
Applt's Confidential request for appointment of Second Counsel.
Apr 21 1992Application for Extension of Time filed
By Applt to request correction of Record.
Apr 24 1992Extension of Time application Granted
To Applt To 5-26-92 To request Corr. of Record.
May 22 1992Received:
Copy of Applt's request for Sequential Designation of Record, correction, Additional Record, to Settle the Record Etc. (filed in Superior Court)
Jun 10 1992Order filed:
re: appellant's request filed 2-24-92 (confidential)
Jun 10 1992Compensation awarded counsel
Jun 22 1992Filed:
Applt's Applic. for appointment of Assoc. Counsel.
Jun 26 1992Order filed:
The application of appellant for appointment of associate counsel is granted. Robert M. Sanger, Esq. is hereby appointed as associate counsel to represent appellant on his automatic appeal now pending in this court, including any related habeas proceedings.
Oct 2 1992Compensation awarded counsel
Oct 30 1992Compensation awarded counsel
Nov 18 1992Filed:
appellant's ex parte request. (confidential)
Dec 30 1992Compensation awarded counsel
Jan 20 1993Compensation awarded counsel
Jan 25 1993Compensation awarded counsel
Mar 24 1993Compensation awarded counsel
May 12 1993Compensation awarded counsel
Jul 21 1993Compensation awarded counsel
Aug 18 1993Compensation awarded counsel
Jan 20 1994Compensation awarded counsel
Feb 8 1994Compensation awarded counsel
Mar 23 1994Compensation awarded counsel
May 4 1994Compensation awarded counsel
May 18 1994Compensation awarded counsel
Dec 8 1994Compensation awarded counsel
Jan 4 1995Compensation awarded counsel
Nov 13 1995Compensation awarded counsel
Jan 17 1996Compensation awarded counsel
Mar 7 1996Compensation awarded counsel
May 1 1996Compensation awarded counsel
Oct 30 1996Compensation awarded counsel
Jul 23 1997Compensation awarded counsel
Dec 10 1997Compensation awarded counsel
Jun 10 1998Compensation awarded counsel
Mar 9 1999Compensation awarded counsel
Jul 6 1999Record on appeal filed
C-17 (3,303 Pp.) and R-51 (4,675 Pp.) (Including Sealed Material). Clerk's Transcript includes 1,755 pages of Juror Questionnaires.
Jul 6 1999Appellant's opening brief letter sent, due:
8-16-99.
Aug 13 1999Application for Extension of Time filed
To file Aob.
Aug 20 1999Extension of Time application Granted
To 10/15/99 To file Aob.
Sep 13 1999Compensation awarded counsel
Oct 14 1999Application for Extension of Time filed
To file Aob.
Oct 20 1999Compensation awarded counsel
Atty Riordan
Oct 21 1999Extension of Time application Granted
To 12/14/99 To file Aob.
Dec 10 1999Application for Extension of Time filed
To file Aob.
Dec 15 1999Filed:
Suppl. Decl. in support of Eot to file Aob.
Dec 23 1999Extension of Time application Granted
To 2/14/2000 To file Aob.
Feb 9 2000Application for Extension of Time filed
To file Aob.
Feb 17 2000Filed:
Suppl Declaration in support of Eot to file Aob.
Feb 28 2000Extension of Time application Granted
To 4/14/2000 To file Aob.
Apr 13 2000Application for Extension of Time filed
To file Aob.
Apr 17 2000Compensation awarded counsel
Atty Riordan
Apr 18 2000Extension of Time application Granted
To 6/13/2000 To file Aob.
Jun 12 2000Application for Extension of Time filed
To file Aob.
Jun 26 2000Filed:
Supplemental Declaration in support of request for Eot to file Aob.
Jul 3 2000Extension of Time application Granted
To 8/14/2000 to file AOB.
Aug 3 2000Counsel's status report received (confidential)
Aug 14 2000Application for Extension of Time filed
To file AOB. (7th request)
Aug 25 2000Extension of Time application Granted
To 10/13/2000 to file AOB. No further ext. of time are contemplated.
Oct 13 2000Application for Extension of Time filed
To file AOB. (8th request)
Oct 24 2000Extension of Time application Granted
To 12/12/2000 to file AOB. No further ext. of time will be granted.
Nov 30 2000Counsel's status report received (confidential)
Dec 12 2000Application for Extension of Time filed
To file AOB. (9th request)
Dec 20 2000Extension of Time application Denied
To file AOB.
Feb 2 2001Request to file document under seal filed (in AA proceeding)
Appellant's request to file declaration of counsel under seal (declaration submitted under separate cover)
Feb 2 2001Filed:
Applt's request to reinstate the time period to file AOB and written statement of excuse pursuant to rules of court 16 and 17.
Feb 21 2001Motion to withdraw as counsel filed
Applt counsel's (Thomas Riordan) Request to substitute out as appointed appellate counsel
Feb 22 2001Filed:
Declaration of counsel (filed under seal)
Feb 22 2001Application to file document under seal granted
Appellant's application for leave to file declaration of counsel under seal is granted. Appellant's application to reinstate the time period to file AOB is denied.
Jun 13 2001Order filed:
The application of lead appointed counsel Thomas L. Riordan for permission to withdraw as attorney of record for appellant Richard Dean Turner on his automatic appeal and related state habeas corpus/executive clemency proceedings, and "substitute in" associate appointed counsel Robert M. Sanger, filed February 21, 2001, is denied without prejudice, subject to the filing of new and different application to withdraw after the filing of the appellant's opening brief and associate counsel Sanger's filing of a request to be designated as lead counsel of record.
Jun 18 2001Counsel's status report received (confidential)
Jun 27 2001Order filed:
AOB shall be filed on or before 7-31-2001. If the brief is not filed by that date, the court will consider issuing an order directing applt's counsel, Thomas L. Riordan and Robert M. Sanger, to show cause before this court, when the matter is ordered on calendar, why counsel should not be held in contempt of court and further payments suspended or other sanction imposed for their delay in the appellate process occasioned by the eight extensions of time to file the brief thus far granted.
Aug 6 2001Counsel's status report received (confidential)
from atty Sanger.
Aug 15 2001Order to show cause issued (attorney contempt matter)
In accordance with the authority vested in this court under Code of Civil Procedure section 1209, Attorneys Thomas L. Riordan, 1331 Twenty-first Street, Sacramento, California, 95814, and Robert M. Sanger, 233 E. Carrillo, Suite C, Santa Barbara, California, 93101, are ordered to show cause before this court on a date to be determined in November, 2001, at its courtroom at 914 Capitol Mall, Sacramento, California, why they should not be held in contempt of court for the willful neglect of their duty to file the appellant's opening brief in this case, which we previously ordered to be filed on or before July 31, 2001. The written return shall be filed with the court on or before Friday, September 7, 2001. George, C.J., and Werdegar, J., were absent and did not participate. Votes: Kennard, Baxter, Chin and Brown, J.J.
Aug 31 2001Filed:
Return filed by atty. Thomas L. Riordan to order to show cause re: contempt.
Sep 7 2001Filed:
Return of Robert M. Sanger to order to show cause re: contempt.
Sep 12 2001Filed:
Suppl. declaration of service of return of Robert Sanger to order to show cause re: contempt.
Oct 18 2001Case Ordered on Calendar:
(for hearing on OSC re contempt re: attorneys Riordan and Sanger): The court having previously directed Attorneys Thomas L. Riordan, 1331 Twenty-first Street, Sacramento, California, 95814, and Robert M. Sanger, 233 E. Carrillo, Suite C, Santa Barbara, California, 93101, to show cause before this court at its courtroom at 914 Capitol Mall, Sacramento, California, why they should not be held in contempt of court for the willful neglect of their duty to file the appellant's opening brief in this case, which we previously ordered to be filed on or before July 31, 2001, the court now designates November 7, 2001, at 1:30 p.m., as the date and time for hearing on the order to show cause.
Nov 5 2001Counsel's status report received (confidential)
from atty Sanger.
Nov 5 2001Filed:
"Supplemental Return of Robert M. Sanger to Order to Show Cause re Contempt".
Nov 7 2001Note:
hearing held in Sacramento re OSC re contempt as to attorneys Riordan and Sanger. Thomas Riordan was relieved as counsel, and found to be in contempt of court. Robert Sanger was designated sole counsel on appeal and for habeas corpus. OSC re contempt as to Sanger continued to the March 2002, calendar.
Nov 14 2001Order filed:
re OSC re contempt hearing on 11-7-2001: At the conclusion of the November 7, 2001 hearing on this matter, the court made the following rulings in open court: 1. The court found Thomas L. Riordan in contempt and indicated that a formal judgment, embodying the court's findings and the sanction to be imposed, would be filed at a later date. 2. The court relieved Thomas L. Riordan as counsel of record for Richard Dean Turner in People v. Turner (S009038), and indicated that the court would consider whether to order Riordan to reimburse the court for attorney fees and expenses received in this matter, as authorized by Guideline V, subpart B of the Payment Guidelines for Appointed Counsel Representing Indigent Criminal Appellants in the California Supreme Court. In this regard, the court ordered Riordan to file with the court on or before November 13, 2001, a full statement of all attorney fees and expense reimbursement that he has received from the court in connection with this case, together with Riordan's position as to what part, if any, of each payment was of value to the court. The court further ordered Riordan to serve a copy of this statement on Robert M. Sanger, and ordered Sanger to file a response to Riordan's statement with the Supreme Court on or before November 16, 2001. 3. The court designated Robert M. Sanger as sole counsel of record for Richard Dean Turner in People v. Turner (S009038), both with respect to the direct appeal and to any related habeas corpus and/or executive clemency proceedings. 4. The court continued the contempt proceeding regarding Robert M. Sanger to the court's March 2002 oral argument calendar upon Sanger's representations that he would submit a complete draft of the Appellant's Opening Brief (AOB) to the California Appellate Project (CAP) by the end of February 2002 and also would submit to CAP drafts of portions of the AOB as they are completed on a regular basis beginning immediately. The order appointing Thomas L. Riordan as counsel of record for condemned prisoner Richard Dean Turner, filed September 12, 1991, is hereby vacated.
Nov 14 2001Letter sent to:
CAP attorney Scott Kauffman re attorney Sanger and AOB.
Nov 14 2001Letter sent to:
attorney Sanger directing that he submit confidential status reports every two weeks, until the AOB is filed.
Nov 15 2001Received letter from:
Atty. Robert M. Sanger per this court's order of 11/7/2001. (received via fax)
Nov 16 2001Received:
Original letter from atty. Robert M. Sanger, that was faxed and received on 11/15/2001.
Nov 26 2001Counsel's status report received (confidential)
from atty Sanger.
Dec 10 2001Counsel's status report received (confidential)
from atty Sanger.
Dec 13 2001Counsel's status report received (confidential)
from atty Sanger.
Dec 24 2001Counsel's status report received (confidential)
from atty Sanger.
Jan 7 2002Counsel's status report received (confidential)
Jan 7 2002Opinion Filed: Attorney Contempt proceeding
Court finds attorney Thomas L. Riordan guilty of contempt of court. Riordan ordered to pay a fine of $1,000. Clerk is directed to notify State Bar of this action by forwarding to the State Bar a copy of the judgment of contempt. By the court: George, C.J., Kennard, Baxter, Werdegar, Chin, Brown and Moreno, JJ. (see opinion for complete text)
Jan 7 2002Order filed
In conjunction with the order filed 11-14-2001, relieving Thomas L. Riordan as counsel of record for Richard Dean Turner in People v. Turner (S009038), Riordan is ordered to reimburse this court the sum of $42,378.36 for fees paid for preparation of the AOB.
Jan 23 2002Counsel's status report received (confidential)
from atty Sanger.
Feb 6 2002Received:
check in amount of $42,378.36 from Hansen, Boyd, Culhane & Watson, LLP (for atty Thomas Riordan.)
Feb 6 2002Received:
check in the amount of $1,000 from Hansen, Boyd, Culhane & Watson, LLP (for atty Thomas Riordan)
Feb 6 2002Counsel's status report received (confidential)
from atty Sanger.
Feb 21 2002Counsel's status report received (confidential)
from atty Sanger.
Mar 5 2002Counsel's status report received (confidential)
from atty Sanger.
Mar 7 2002Order filed
At the conclusion of the March 6, 2002, hearing on this matter, the court made the following rulings in open court: 1. The court found Robert M. Sanger in contempt of court and indicated that a formal judgment, embodying the court's findings and the sanction to be imposed, would be filed at a later date. 2. The court ordered Robert M. Sanger to complete a full draft of appellant's opening brief in this case and submit it to the California Appellate Project on or before April 5, 2002. He was further ordered to complete appellant's opening brief in this case and lodge it with the court on or before May 6, 2002. If the completed brief is not lodged with the court on or before May 6, 2002, the court will consider issuing an order directing Robert M. Sanger to show cause before this court, when the matter is ordered on calendar, why he should not be held in contempt of court a second time and why an additional sanction should not be imposed for his continuing delay of the appellate process. (Code Civ. Proc., section 1218, subd. (a).) Sanger was further ordered to appear before the court at its May 2002 oral argument calendar, at a specific time and date to be set in the future.
Mar 8 2002Compensation awarded counsel
Mar 14 2002Opinion Filed: Attorney Contempt proceeding
By the Court. Robert M. Sanger is ordered to pay a fine of $1,000. The clerk is directed to notify the State Bar of this action by forwarding to the State Bar a copy of this judgment of contempt. AOB is due on or before 5-6-02. Robert Sanger is ordered to appear before this court at its May 2002 oral argument calendar at a time and date to be specified. See attached opinion for complete text.
Mar 15 2002Filed:
Emergency application of attorney Robert Sanger to stay enforcement of contempt sanctions pending ruling on petition for rehearing.
Mar 20 2002Order filed
The "Emergency Application To Stay Enforcement of Contempt Sanctions Pending Ruling on Petition for Rehearing," submitted on behalf of Robert M. Sanger on March 15, 2002, has been filed and considered by the court. The judgment of contempt filed in this matter on March 14, 2002, is subject to the ordinary rule of finality for decisions of the Supreme Court under rule 24 of the California Rules of Court, and the sanctions imposed by the judgment will not become effective prior to finality. Accordingly, there is no need for an order staying enforcement of the sanctions pending the court's ruling on a timely filed petition for rehearing (see rule 27(b)).
Mar 21 2002Compensation awarded counsel
Mar 26 2002Filed:
Declaration of unavailability of resp.'s counsel.
Mar 28 2002Case ordered on calendar
5-8-02, 1:30pm, S.F. (for order to show cause re atty. Robert Sanger)
Mar 29 2002Counsel's status report received (confidential)
Mar 29 2002Rehearing petition filed
by atty. Robert M. Sanger regarding contempt. (25 pp. - excluding exhibits)
Apr 3 2002Received letter from:
Calif. Appellate Project (CAP) in support of Mr. Sanger's petition for rehearing. (2 pp.)
Apr 4 2002Time extended to consider modification or rehearing
To 6/12/2002 or the date upon which rehearing is either granted or denied, whichever occurs first.
Apr 8 2002Counsel's status report received (confidential)
from atty Sanger.
Apr 10 2002Received letter from:
Calif. Attys. for Criminal Justice (CACJ) in support of petn. for rehearing re Robert M. Sanger on contempt. (4 pp.)
Apr 15 2002Counsel's status report received (confidential)
from atty Sanger.
Apr 15 2002Received letter from:
atty Anita L. Olp, dated 4-12-2002, in support of petn for rehearing, In re Sanger on Contempt.
May 2 2002Received letter from:
James E. Egar Public Defender County of Santa Barbara, dated 4/29/2002, in support of petn. for rehearing in re Sanger on Contempt.
May 2 2002Received letter from:
Federal Public Defender, dated 4/29/2002, in support of petn. for rehearing, In re Sanger on Contempt. (2 pp.)
May 2 2002Received letter from:
Atty. Randall B. Dickow, dated 4/29/2002, in support of petn. for rehearing in re Robert M. Sanger on Contempt. (2 pp.)
May 6 2002Application for relief from default filed
To file AOB.
May 6 2002Application to file over-length brief filed
(313 pp. AOB submitted under separate cover)
May 6 2002Received letter from:
Quin Denvir, Fed. Public Defender Eastern Dist., dated 5/2/2002 in support of petn. for rehearing in re Sanger on Contempt. (1 pp.)
May 7 2002Received:
letter from atty Robert F. Landheer, dated 5-4-2002, in support of Sanger's petition for rehearing.
May 7 2002Order filed
Applt.'s application for relief from default to file AOB and application to file brief in excess of 280 pp. are granted.
May 7 2002Appellant's opening brief filed
(313 pp.)
May 8 2002Rehearing granted
The petition for rehearing is GRANTED. The order to show cause re contempt previously issued in this matter is discharged and the contempt proceeding is dismissed. (Votes: George, C.J., Kennard, Baxter, Werdegar, Chin and Moreno, J.J.)
May 30 2002Request for extension of time filed
To file resp.'s brief. (1st request)
Jun 5 2002Extension of time granted
To 8/5/2002 to file resp.'s brief.
Jul 22 2002Request for extension of time filed
To file rep.'s brief. (2nd request)
Jul 24 2002Extension of time granted
To 10/4/2002 to file resp.'s brief. The court anticipates that after that date, only two further extensions totaling 90 additional days will be granted. Counsel is ordered to take all steps necessary meet this schedule.
Sep 23 2002Request for extension of time filed
To file respondent's brief. (3rd request)
Sep 25 2002Extension of time granted
To 12/3/2002 to file respondent's brief. The court anticiptes that after that date, only one further extension totaling 30 additional days will be granted. Counsel is ordered to take all steps necessary to meet this schedule.
Oct 15 2002Counsel's status report received (confidential)
from attorney Sanger.
Nov 19 2002Request for extension of time filed
To file respondent's brief. (4th request)
Nov 21 2002Extension of time granted
to 2-3-2003 to file respondent's brief. After that date, only one further extension totaling about 30 additional days will be granted. Extension granted based upon Deputy AG Sara Gros-Cloren's representation that she anticipates filing the brief by 3-1-2003.
Dec 10 2002Counsel's status report received (confidential)
Dec 19 2002Compensation awarded counsel
Atty Sanger
Jan 21 2003Request for extension of time filed
to file respondent's brief. (5th request)
Jan 23 2003Extension of time granted
to 3/5/2003 to file respondent's brief. Extension is granted based upon Deputy Attorney General Sara Gros-Cloren's representation that she anticipates filing that brief by 3/5/2003. After that date, no further extension will be granted.
Feb 28 2003Respondent's brief filed
(126 pp.)
Mar 17 2003Request for extension of time filed
to file appellant's reply brief. (1st request)
Mar 18 2003Extension of time granted
to 5/19/2003 to file appellant's reply brief.
May 13 2003Request for extension of time filed
to file appellant's reply brief. (2nd request)
May 16 2003Extension of time granted
to 7/18/2003 to file appellant's reply brief. The court anticipates that after that date, only two further extensions totaling 120 additional days will be granted. Counsel is ordered to inform his or her assisting attorney or entity, if any, and any assisting attorney or entity of any separate counsel of record, of this schedule, and to take all steps necessary to meet it.
May 21 2003Counsel's status report received (confidential)
Jul 14 2003Counsel's status report received (confidential)
Jul 15 2003Request for extension of time filed
to file reply brief. (3rd request)
Jul 18 2003Filed:
supplemental declaration of Robert Sanger in support of request for ext. of time to file reply brief.
Jul 23 2003Extension of time granted
to 9-16-2003 to file reply brief. After that date, only one further extension totaling about 60 additional days will be granted. Extension granted based upon counsel Robert M. Sanger's representation that he anticipates filing the brief by 11-15-2003.
Sep 15 2003Counsel's status report received (confidential)
Sep 15 2003Request for extension of time filed
to file appellant's reply brief. (4th request)
Sep 17 2003Extension of time granted
to 11/17/2003 to file appellant's reply brief. After that date, no further extension will be granted. Extension is granted based upon counsel Robert M. Sanger's representation that he anticipates filng that brief by 11/15/2003.
Nov 18 2003Appellant's reply brief filed
(73 pp. - pursuant to rule 40(k))
Dec 19 2003Filed:
"Declaration of Substitution of Counsel," filed by respondent.
Mar 23 2004Letter sent to:
Mar 29 2004Counsel's status report received (confidential)
Apr 1 2004Received:
proof of service for counsel's status report.
May 17 2004Related habeas corpus petition filed (concurrent)
case no. S124851.
Jun 23 2004Compensation awarded counsel
Atty Sanger
Jul 13 2004Oral argument letter sent
advising counsel that case could be scheduled for oral argument as early as the Sept. calendar, to be held the week of Sept. 7, 2004, in San Francisco. Any request for additional time (to argue), notification of requirement for two counsel, or advisement of "focus issues" must be made no later than 10 days after the case has been set for oral argument.
Aug 11 2004Case ordered on calendar
9-9-04, 1:30pm, S.F.
Aug 23 2004Filed:
Letter from appellant's counsel, dated 8/20/2004, re focus issues for oral argument and requesting 45 minutes for argument.
Aug 23 2004Filed:
Appellant's additional authorities for oral argument.
Aug 23 2004Filed:
Letter from respondent's counsel, dated 8/18/2004, re focus issues for oral argument.
Aug 24 2004Received:
Letter from respondent, dated 8/24/2004, re additional authorities for oral argument.
Aug 25 2004Order filed
The request of appellant for 45 minutes for oral argument is granted.
Aug 30 2004Received:
Letter from respondent, dated 8/30/2004, re additional authorities for oral argument.
Sep 9 2004Cause argued and submitted
Nov 1 2004Opinion filed: Judgment affirmed in full
majority opinion by Brown, J. ----------------joined by George, C.J., Kennard, Baxter, Werdegar, Chin, Moreno, JJ.
Dec 2 2004Remittitur issued (AA)
Dec 7 2004Order filed (150 day statement)
Dec 13 2004Received:
acknowledgment of receipt of exhibit.
Apr 13 2005Compensation awarded counsel
Atty Sanger
May 11 2005Compensation awarded counsel
Atty Sanger

Briefs
May 7 2002Appellant's opening brief filed
(313 pp.)
Feb 28 2003Respondent's brief filed
(126 pp.)
Nov 18 2003Appellant's reply brief filed
(73 pp. - pursuant to rule 40(k))
If you'd like to submit a brief document to be included for this opinion, please submit an e-mail to the SCOCAL website