In re Rubin (2001) 25 Cal.4th 1176 , 108 Cal.Rptr.2d 593; 25 P.3d 1075
In re ANDREW E. RUBIN and TERRENCE V. SCOTT on Contempt.
THE PEOPLE, Plaintiff and Respondent, v. ALFREDO PRIETO, Defendant and Appellant.
(Opinion by The Court.)
COUNSEL
Andrew E. Rubin, in pro. per.
Terrence V. Scott, in pro. per. [25 Cal.4th 1177]
OPINION
THE COURT.-
On June 16, 1992, in San Bernardino County Superior Court, defendant Alfredo Prieto was sentenced to death. On January 12, 1996, Attorneys Andrew E. Rubin and Terrence V. Scott were appointed to represent defendant Alfredo Prieto in his automatic appeal and any related habeas corpus proceedings. The record on appeal was certified on May 14, 1999, and included a reporter's transcript of 18,074 pages and a clerk's transcript of 4,246 pages. The court informed Rubin and Scott by letter dated May 14, 1999, that the appellant's opening brief was due on June 23, 1999. The court thereafter granted requests for extensions of time to file appellant's opening brief on June 24, 1999, and September 2, 1999.
On March 15, 2000, we granted the People's "Motion for Correction of the Record on Appeal Following Superior Court Augmentation of the Record" and struck that portion of the record on appeal which incorporated the records of the cases of Prieto's codefendants. We also granted Rubin and Scott's request for an extension of time to file appellant's opening brief and extended the deadline for the brief "to and including May 15, 2000."
On June 12, 2000, we granted Rubin and Scott's fourth request for an extension of time to file the opening brief "to and including July 14, 2000," but stated in our order: "No further extensions of time are contemplated."
On July 20, 2000, we granted a fifth request for an extension of time to file the opening brief "to and including September 12, 2000," but stated in our order: "No further extensions of time will be granted."
On September 11, 2000, Rubin and Scott filed a sixth request for an extension of time to file the opening brief. On September 20, 2000, Rubin and Scott submitted a supplemental declaration as requested by the court. In the declaration, Rubin averred "that the brief should be filed before the end of the year."
On October 17, 2000, we granted the sixth request for an extension of time "[b]ased solely on the representation of counsel Andrew R. Rubin that [25 Cal.4th 1178] he will file appellant's opening brief in this matter 'by the end of the year ....' " Our order stated that "appellant's opening brief shall be served and filed on or before January 10, 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 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 his delay in the appellate process occasioned by the approximately 18-month extension of time thus far granted."
On or about December 20, 2000, Rubin and Scott filed a motion to decertify the record pursuant to rule 33.6 of the California Rules of Court and a request to suspend further proceedings pending our ruling on the motion. We denied the motion and request on January 10, 2001.
Rubin and Scott did not file the opening brief on or before January 10, 2001. Instead, on January 10, 2001, Rubin and Scott filed their seventh request for an extension of time to file the opening brief. We denied the request on January 30, 2001. In the same order, we issued an order for Rubin and Scott to show cause before this court on April 3, 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 January 10, 2001." We also ordered Rubin and Scott to file a return on or before March 9, 2001. Rubin timely filed a return on March 9, 2001. Scott submitted a return and a motion for relief from default on March 16, 2001. We granted Scott's motion for relief from default and filed his return on March 22, 2001.
Rubin and Scott appeared before the court on April 3, 2001, but they had not completed appellant's opening brief and did not file the brief at the hearing. On April 3, 2001, we continued the order to show cause re contempt to June 2001, and ordered Rubin and Scott to complete appellant's opening brief and lodge it with the court, along with a request for relief from default and for permission to file the brief, on or before May 18, 2001. Rubin and Scott lodged appellant's opening brief and a request for relief from default and for permission to file the brief on May 18, 2001, as ordered. Rubin and Scott then appeared before the court on June 6, 2001, and they were afforded an opportunity to explain why they had not complied with the court's October 17, 2000, order.
[1] The court finds Rubin and Scott have not complied with the court's October 17, 2000, order. The court also finds Rubin and Scott were aware of, and had the ability to comply with, that order, and that their failure to do so [25 Cal.4th 1179] was willful. Willful failure to comply with an order of the court constitutes contempt. (In re Grayson (1997) 15 Cal.4th 792, 794 [64 Cal.Rptr.2d 102, 937 P.2d 645]; Code Civ. Proc., ยง 1209, subd. (a)5.)
Rubin and Scott's failure to comply with the October 17, 2000, 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 Andrew E. Rubin and Terrence V. Scott guilty of contempt of this court. Having been adjudged in contempt of the California Supreme Court, Andrew E. Rubin and Terrence V. Scott are each ordered to pay a fine of $1,000.
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.
Automatic appeal from a judgment of death.
| Date: | Citation: | Docket Number: | Category: | Status: | Cross Referenced Cases: |
| Wed, 06/06/2001 | 25 Cal.4th 1176 | S027555 | Automatic Appeal | closed; remittitur issued | PRIETO (ALFREDO) ON H.C. (S114708) |
| 1 | The People (Respondent) Represented by Attorney General - San Diego Office Bradley A. Weinreb, Deputy Attorney General P.O. Box 85266 San Diego, CA |
| 2 | Prieto, Alfredo R. (Appellant) San Quentin State Prison Represented by Federal Public Defender - La Sean K. Kennedy, Federal Public Defender 321 East Second Street Los Angeles, CA |
| Disposition | |
| Apr 21 2003 | Opinion: Affirmed as modified |
| Dockets | |
| Jun 18 1992 | Judgment of death |
| Jul 8 1992 | Filed certified copy of Judgment of Death Rendered 6-18-92. |
| Jan 12 1996 | Counsel appointment order filed Andrew E. Rubin is appointed as lead counsel, and Terrence V. Scott is appointed as associate counsel to represent appellant on his automatic appeal, including any related habeas proceedings. |
| Mar 20 1996 | Application for Extension of Time filed By Applt to request correction of the Record. |
| Mar 26 1996 | Extension of Time application Granted To Applt To 5-21-96 To request Corr. of Record. |
| May 20 1996 | Application for Extension of Time filed By Applt to request correction of the Record. |
| May 22 1996 | Extension of Time application Granted To Applt To 7-22-96 To request Corr. of Record. |
| Jul 22 1996 | Application for Extension of Time filed By Applt to request correction of the Record. |
| Jul 24 1996 | Extension of Time application Granted To Applt To 9-10-96 To request Corr. of Record. |
| Sep 10 1996 | Application for Extension of Time filed By Applt to request correction of the Record. |
| Sep 19 1996 | Filed: Supplement to request for Eot. |
| Sep 19 1996 | Extension of Time application Granted To Applt To 11-12-96 To request Corr. of Record. |
| Nov 12 1996 | Application for Extension of Time filed By Applt to request correction of the Record. |
| Nov 14 1996 | Extension of Time application Granted To Applt To 1-13-97 To request Corr. of Record. |
| Jan 10 1997 | Application for Extension of Time filed By Applt to request correction of the Record. |
| Jan 14 1997 | Extension of Time application Granted Applt granted to and Including 2-14-97 to request correction of the Record. |
| Feb 26 1997 | Application for Extension of Time filed By Applt to request correction of the Record |
| Mar 3 1997 | Extension of Time application Granted To Applt To 3-26-97 To request Corr. of Record. |
| Mar 27 1997 | Application for Extension of Time filed By Applt to request correction of the Record. |
| Mar 31 1997 | Extension of Time application Granted To Applt To 4-23-97 To request Corr. of Record. no further Extensions of time Are Contemplated. |
| May 5 1997 | Received: Copy of Applt's request for Sequential Designation of the Record, correction, Augmentation and Settlement of the Record (14 Pp.) |
| Jul 18 1997 | Received: Lasc Order for Hearing on Record Designation, correction, Augmentation & Settlement of Record Set for 8-8-97 At 1:30 in Dept 7. |
| Aug 11 1997 | Received: Copy of response to Reqt for Seq. Designation of Record, Augmentation & Settle Record by San Bernardino District Attorney |
| Aug 28 1997 | Change of Address filed for: Atty Andrew E. Rubin. |
| Sep 9 1998 | Change of Address filed for: Atty Andrew E. Rubin |
| Nov 4 1998 | Compensation awarded counsel |
| Dec 2 1998 | Compensation awarded counsel |
| May 14 1999 | Record on appeal filed C-25 (4,377 Pp.) and R-71 (13,697 Pp.) (Includes Material Under Seal). Clerk's Transcript includes 1,959 pages of Juror Questionnaires. |
| May 14 1999 | Appellant's opening brief letter sent, due: 6-23-99. |
| May 28 1999 | Motion to correct AA record filed by respondent for correction of the Record on Appeal Following Superior Ct. Augmentation of the Record. |
| Jun 23 1999 | Application for Extension of Time filed |
| Jun 24 1999 | Extension of Time application Granted To 8-23-99 To file Aob. |
| Aug 23 1999 | Application for Extension of Time filed To file AOB or To Suspend Proceedings Pending Ruling on Resp. motion To Decertify Part of Record |
| Sep 2 1999 | Extension of Time application Granted To 10/22/99 To file Aob. |
| Oct 15 1999 | Filed: Applt's Opposition to Resp's motion for Corr. of the Record. |
| Oct 27 1999 | Filed document entitled: Renewed request to Suspend Proceedings Pending Court's Ruling on Resp's motion to Decertify A Portion of Record or Alternative Extension request |
| Mar 2 2000 | Filed: Additional record (not forwarded with record filed on 5-14-99): C-9 (2,458 pp.) and R-7 (1,788 pp.), the record in People v. Sorian (E009789). **NOTE: this record was ordered stricken on 3-15-2000. |
| Mar 15 2000 | Record correction granted Good cause appearing therefor, respondent's "Motion for Correction of the Record on Appeal Following Superior Court Augmentation of the Record" is granted. The following items are hereby stricken from the record on appeal herein: 1. People v. Ricardo Estrada, Court of Appeal, Fourth Dist., Div. Two, No. E014141: a.. Clerk's Transcript, vols. I through VIII. b. Reporter's Transcripts Vols. 1 Through 8 (proceedings before Cole (Dennis G.), J.). c. Reporter's Transcript, master index and volumes 1 through 13 (proceedings before Ziebarth (Kenneth G.,Jr.),J.) d) Reporter's Transcript, volume 1 (12-10-90, 1-3-91, 2-13-91, and 6/26/92) (proceedings before Johnston (Joseph E.),J.). e. Reporter's Transcript, vol. 1 (1-3-92) (proceedings before JOhnston (Joseph E.), J.). f. Reporter's Augmented Transcript, vol. 1 (10/15/92) (proceedings before Cole (Dennis G.),J.). g. Reporter's Augmented Transcript, vol. 1 (9-28-92, and 9-29-92) and vol. 2 (9-30-92, 4-26-93 4/28/93, 6/24/93, and 8/19/93) (proceedings before Cole (Dennis G.), J.) h. Reporter's Augmented Transcript, vol. 1 (10-26-93, and 10-28-93) and vol. 2 (10-28-93, 11-1-93, 11-2-93,, and 5-20-94) (proceedings before Ziebarth (Kenneth G., Jr.), J.). i. Manila envelopes, labeled "Envelope 1 of 3," Envelope 2 of 3," and "Envelope 3 of 3," and their contents. 2. People v. Danny Sorian, Court of Appeal, Fourth Dist., Div. Two, No. E009789: a. Clerk's Transcript, vols. I through IX. b. Reporter's Transcript, vols. 1 through 7. On application of applt and good cause appearing, it is further ordered that the time to serve and file AOB is extended to and including 5-15-2000. |
| May 15 2000 | Application for Extension of Time filed To file Aob. |
| Jun 1 2000 | Filed: Amended request for Eot to file Aob. |
| Jun 12 2000 | Extension of Time application Granted To 7/14/2000 to file AOB. No further extensions of time are contemplated. |
| Jul 10 2000 | Application for Extension of Time filed to file AOB. (fourth request) |
| Jul 10 2000 | Counsel's status report received (confidential) |
| Jul 20 2000 | Extension of Time application Granted To 9/12/2000 to file AOB. No further ext. of time will be granted. |
| Sep 11 2000 | Application for Extension of Time filed to file AOB. (5th request) |
| Sep 20 2000 | Counsel's status report received (confidential) |
| Sep 20 2000 | Filed: Supplemental to request for ext. of time to file AOB. |
| Oct 17 2000 | Extension of Time application Granted The last order dated on or about 7/20/2000 granting applt counsel's request for ext. of time indicated that no further ext. of time will be granted. Based solely on the representation of counsel Andrew R. Rubin that he will file AOB in this matter "by the end of the year," the request for ext. of time is granted, and AOB shall be served and filed on or before 1/10/2001. If the brief is not filed by that date, the court will consider issuing an order directing applt's counsel to show cause before this court, when the matter is ordered on calendar, why counsel should be not be in contempt of court and further payments suspended or other sanction imposed for his delay in the appellate process occasioned by the approximately 18 months ext. of time thus far granted. |
| Nov 27 2000 | Counsel's status report received (confidential) from atty Rubin. |
| Dec 18 2000 | Motion to withdraw as counsel filed Request to be relieved as habeas counsel (by attys Andrew Rubin and Terrence Scott) |
| Dec 20 2000 | Motion filed (in non-AA proceeding) Applt's request to suspend proceedings pending this court's ruling on decertifying or recalling a portion of the record; Motion to decertify record rule 33.6. |
| Dec 29 2000 | Opposition filed Resp's opposition to request to suspend proceedings pending mtn. to decertify the record. |
| Jan 3 2001 | Filed: applt's reply to opposition to request to suspend proceedings etc. |
| Jan 10 2001 | Application for Extension of Time filed To file AOB. (6th request) |
| Jan 10 2001 | Motion denied Appellant's "Motion to Decertify Record Rule 33.6" and "Request to Suspend Proceedings Pending This Court's Ruling on Decertifying or Recalling a Portion of the Record" are denied. (See Code Civ. Proc., section 237, subd. (4).) |
| Jan 17 2001 | Order filed: The application of Andrew E. Rubin and Terrence V. Scott for permission to be relieved as appointed lead counsel and associate counsel, respectively, on the state habeas corpus/executive clemency proceedings related to the above automatic appeal now pending in this court, by motion filed 12-18-2000, is denied without prejudice. (See Supreme Ct. Policies Regarding Cases Arising From Judgments of Death, policy 2 ["Withdrawal of counsel"].) |
| Jan 22 2001 | Counsel's status report received (confidential) |
| Jan 30 2001 | Order to show cause issued (attorney contempt matter) Appellant's request for extension of time to file appellant's opening brief, filed January 10, 2001, is denied. In accordance with the authority vested in this court under Code of Civil Procedure section 1209, Attorneys Andrew R. Rubin, 12304 Santa Monica Boulevard, Suite 300, Los Angeles, California, 90025, and Terrence V. Scott, P.O. Box 46115, Los Angeles, California, 90046, are ordered to show cause before this court on April 3, 2001, at 9:00 am at its courtroom in the Ronald Reagan State Office Building, 300 South Spring Street, 3rd Floor, North Tower, Los Angeles, 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 January 10, 2001. The written return shall be filed with the court on or before Friday, March 9, 2001. (votes: George, C.J., Mosk, Kennard, Baxter, Werdegar, Chin & Brown, J.J.) |
| Mar 1 2001 | Case Ordered on Calendar: 4-3-01, 9am, L.A. (OSC re contempt for attys Rubin & Scott) |
| Mar 9 2001 | Filed: attorney Andrew Rubin's response (return) to this court's order of 1-30-2001 setting an OSC. |
| Mar 16 2001 | Application for relief from default filed by attorney Terrence Scott for relief from default fo file response (return) to court's order to show cause. |
| Mar 16 2001 | Received: Response to 1-30-01 order setting an OSCAtty. Scott |
| Mar 22 2001 | Order filed: Granting relief from default as to Atty. Scott to file return to OSC. |
| Mar 22 2001 | Filed: Written Return by attorney Terrance Scott to this court's order of 1/30/2001 setting an OSC. |
| Mar 29 2001 | Counsel's status report received (confidential) from atty Rubin. |
| Apr 3 2001 | Hearing held re Order to Show Cause re Contempt The order to show cause re contempt is hereby continued to June, 2001, the specific date to be determined. Andrew E. Rubin and Terrence V. Scott are further ordered to complete appellant's opening brief in this case and lodge it with the court on or before May 18, 2001, along with a request for relief from default and for permission to file the brief. If the completed brief is not lodged with the court on or before May 18, 2001, the court will consider issuing an order directing Andrew E. Rubin and Terrence V. Scott to show cause before this court, when the matter is ordered on calendar, why they should not be held in contempt of court a second time and further payments suspended or other sanction imposed for their continuing delay of the appellate process. |
| May 3 2001 | Case Ordered on Calendar: WED., JUNE 6, 2001 @ 9:00 A.M. in LA *** ORDER TO SHOW CAUSE re CONTEMPT *** |
| May 9 2001 | Counsel's status report received (confidential) |
| May 18 2001 | Filed: Motion for leave to file late AOB pursuant to court's order of 4/3/2001. (258 pp. AOB submitted under separate cover) |
| Jun 6 2001 | Received: $1,000 fine (check) from attorney Andrew E. Rubin. |
| Jun 6 2001 | Received: $1,000 fine (check) from attorney Terrence V. Scott. |
| Jun 6 2001 | Hearing held re Order to Show Cause re Contempt |
| Jun 6 2001 | Order filed: The motion, filed May 18, 2001, for leave to file a late Appellant's Opening Brief is granted. |
| Jun 6 2001 | Contempt order filed judgment of contempt as to attorneys Andrew E. Rubin and Terrence V. Scott. Counsel each fined $1,000; clerk directed to notify the State Bar. (see order for complete text). |
| Jun 6 2001 | Appellant's Opening Brief filed (258 Pp.) |
| Jun 21 2001 | Filed: attorney Andrew E. Rubin's request to reconsider sanctions imposed. |
| Jul 2 2001 | Application for Extension of Time filed to file resp's brief. (1st request) |
| Jul 5 2001 | Extension of Time application Granted to 9-4-2001 to file resp's brief. |
| Jul 6 2001 | Counsel's status report received (confidential) |
| Jul 11 2001 | Order filed: The "Request to Reconsider Sanctions Imposed," filed on June 21, 2001, is denied. |
| Aug 31 2001 | Application for Extension of Time filed To file resp.'s brief. (2nd request) |
| Sep 12 2001 | Counsel's status report received (confidential) |
| Sep 21 2001 | Extension of Time application Granted To 11/6/2001 to file resp.'s brief. |
| Nov 1 2001 | Application for Extension of Time filed To file resp.'s brief. (3rd request) |
| Nov 6 2001 | Extension of Time application Granted To 12/21/2001 to file resp.'s brief. |
| Nov 19 2001 | Counsel's status report received (confidential) |
| Dec 13 2001 | Counsel's status report received (confidential) from atty Rubin. |
| Dec 17 2001 | Request for extension of time filed To file resp.'s brief. (4th request) |
| Dec 27 2001 | Extension of time granted To 2/19/2002 to file resp.'s brief. Dep. AG Weinreb anticipates filing the brief by 3/1/2002. Only one further extension totaling 10 additional days is contemplated. |
| Feb 15 2002 | Request for extension of time filed To file resp.'s brief. (5th request) |
| Feb 20 2002 | Extension of time granted To 3/21/2002 to file resp.'s brief. Dep. AG Weinreb anticipates filing the brief by 3/21/2002. No further extension will be granted. |
| Mar 20 2002 | Respondent's brief filed (165 pp.) |
| Apr 5 2002 | Counsel's status report received (confidential) |
| Apr 10 2002 | Request for extension of time filed to file reply brief. (1st request) |
| Apr 18 2002 | Filed: Suppl. declaration in support of request for extension of time to file reply brief. |
| Apr 23 2002 | Extension of time granted To 5/10/2002 to file reply brief. Counsel anticiaptes filing the reply by the second full week of August 2002. Only two further extensions totaling 90 additonal days are contemplated. |
| May 13 2002 | Request for extension of time filed to file reply brief. (2nd request) |
| May 15 2002 | Counsel's status report received (confidential) (supplemental) |
| May 20 2002 | Extension of time granted To 6/10/2002 to file reply brief. The court anticipates that after that date, only one further extension totaling 60 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 take all steps necessary to meet this schedule. |
| May 30 2002 | Counsel's status report received (confidential) |
| Jun 10 2002 | Request for extension of time filed To file reply brief. (3rd request) |
| Jun 10 2002 | Counsel's status report received (confidential) |
| Jun 13 2002 | Extension of time granted to 8-9-2002 to file reply brief. The court anticipates that after that date, no further extensions will be granted. Counsel is ordered to inform his 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 this schedule. |
| Jul 10 2002 | Motion to augment AA record filed by applt. and request for completion of the record on appeal. |
| Jul 29 2002 | Motion filed appellant's request to file supplemental opening brief |
| Jul 29 2002 | Received: appellant's Supplemental Opening Brief |
| Aug 5 2002 | Request for extension of time filed To file appellant's reply brief. (4th request) |
| Aug 6 2002 | Supplemental record/transcript filed Clerk's transcript - Supplemental A (41 pp.) and reporter's transcript, dated 6/24/2002 (18 pp.). (transmitted by the superior court pursuant to California Rules of Court, rule 35(e).) |
| Aug 7 2002 | Order filed Appellant's application to file a supplemental opening brief is granted. Respondent may file a supplemental answer brief no later than 9/6/2002. Appellant may file a supplemental reply brief within 20 days of the filing of respondent's brief. |
| Aug 7 2002 | Supplemental brief filed Supplemental appellant's opening brief. (8 pp.) |
| Aug 8 2002 | Extension of time granted To 9/9/2002 to file appellant's reply brief. After that date, no further extension will be granted. Extension is based upon the representation of counsel Andrew E. Rubin that he anticipates filing that brief by 9/9/2002. |
| Aug 21 2002 | Counsel's status report received (confidential) |
| Aug 21 2002 | Record augmentation denied Appellant's request to augment the record, filed July 10, 2002, is denied as moot. |
| Sep 5 2002 | Supplemental brief filed Supplemental respondent's brief. (8 pp.) |
| Sep 9 2002 | Appellant's reply brief filed (72 pp.) |
| Sep 25 2002 | Compensation awarded counsel Atty Rubin |
| Sep 26 2002 | Supplemental reply brief filed by appellant. (9 pp.) (pursuant to Rule 40(k)) |
| Oct 9 2002 | Counsel's status report received (confidential) |
| Nov 13 2002 | Compensation awarded counsel Atty Rubin |
| Nov 13 2002 | Compensation awarded counsel Atty Rubin |
| Nov 14 2002 | Oral argument letter sent advising counsel that case could be scheduled for oral argument as early as January 2003 calendar. Any request for additional time to argue, notification of requirement for two counsel, or advisement of "focus issues" due no later than 10 days after the case has been set for oral argument. |
| Dec 9 2002 | Counsel's status report received (confidential) |
| Jan 7 2003 | Case ordered on calendar 2-4-03, 2pm, Sacramento |
| Jan 15 2003 | Filed letter from: Appellant's counsel, dated 1/13/2003, re focus issues for oral argument. |
| Jan 23 2003 | Supplemental record/transcript filed Additional record from superior court: 2 volumes Clerk's Transcripts (372 pp.) (Penal Code, section 987.9 documents); and 1 volume Clerk's Transcript (23 pp.) (Penal Code, section 987.2 documents). |
| Feb 4 2003 | Cause argued and submitted |
| Feb 4 2003 | Received letter from: Appellant, dated 1/31/2003, re additional authorties for oral argument. |
| Feb 6 2003 | Counsel's status report received (confidential) |
| Feb 18 2003 | Received letter from: applt, dated 2-12-2003, requesting leave to file the letter brief addressing questions raised by the court at oral argument. |
| Mar 5 2003 | Request Denied The request filed on February 12, 2003, for leave to file a letter brief is denied. |
| Mar 25 2003 | Related habeas corpus petition filed (concurrent) no. S114708. |
| Apr 21 2003 | Opinion filed: Judgment affirmed as modified We Strike the serious felony enhancement as to count 15 and order the abstract of judgment be amended to reflect a sentence of life with the possibility of parole as to count 5, 6, and 7. We affriem the judgment in all other respects. Majority Opinion by Brown, J. ----Joined by George, CJ., Kennard, Baxter, Werdegar, Chin and Moreno, JJ. |
| May 7 2003 | Rehearing petition filed by appellant. (6 pp. - per rule 40 (k)) |
| May 8 2003 | Time extended to consider modification or rehearing to 7/18/2003, or the date upon which rehearing is either granted or denied, whichever occurs first. |
| May 21 2003 | Compensation awarded counsel Atty Rubin |
| Jun 18 2003 | Rehearing denied |
| Jun 18 2003 | Remittitur issued (AA) |
| Jun 23 2003 | Received: Acknowledgment of receipt of remittitur. |
| Jun 27 2003 | Compensation awarded counsel Atty Rubin |
| Jul 9 2003 | Compensation awarded counsel Atty Rubin |
| Aug 7 2003 | Order filed (150 day statement) |
| Sep 26 2003 | Received letter from: U.S.S.C., dated 9/18/2003, advising cert petition filed 9/15/2003 as No. 03-6422. |
| Nov 10 2003 | Certiorari denied by U.S. Supreme Court |
| Nov 2 2006 | Motion for access to sealed record filed Petitioner Alfredo Prieto's application for release of files, records and any confidential materials; memorandum of law; declaration of Statia Peakheart. |
| Dec 20 2006 | Motion for access to sealed record granted Good cause appearing, the "Application for Release of Files, Records, and Any Confidential Materials," filed on November 2, 2006, is granted in part and denied in part. Prieto's counsel is granted access to the materials filed in People v. Alfredo Prieto (S027555), except for the documents contained in three envelopes filed under seal in this court on May 14, 1999, and marked as being filed in the case of the People v. Ricardo Estrada, Prieto's codefendant. Prieto's counsel is granted access to the entire record in In re Alfredo Prieto on Habeas Corpus (S114708). Counsel must supply the personnel and equipment necessary to undertake this review and copying of the records, which must occur on the premises of the court. |
| Sep 21 2007 | Motion for appointment of counsel filed Office of Federal Public Defender |
| Sep 21 2007 | Motion to withdraw as counsel filed by Attorneys Andrew E. Rubin and Terrence Verson Scott |
| Sep 21 2007 | Related habeas corpus petition filed (post-judgment) by the Federal Public Defender; case no. S156659. |
| Sep 21 2007 | Motion to withdraw as counsel filed Motion by attorneys Andrew E. Rubin and Terrence Verson Scott to withdraw as counsel of record. |
| Sep 21 2007 | Motion for appointment of counsel filed by the Federal Public Defender, Los Angeles office. |
| Oct 3 2007 | Filed: supplemental declaration of service in support of declaration and motion to withdraw as counsel of record for appellant Alfredo Prieto. |
| Oct 24 2007 | Withdrawal of counsel allowed by order Good cause appearing, the application of appointed counsel for permission to withdraw as attorneys of record for condemned prisoner Alfredo R. Prieto, filed September 21, 2007, is granted. The order appointing Andrew E. Rubin and Terrence V. Scott as lead and associate counsel of record, respectively, for condemned prisoner Alfredo R. Prieto, filed January 12, 1996, is hereby vacated. The Federal Public Defender for the Central District of California is hereby appointed attorney of record for condemned prisoner Alfredo R. Prieto. 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 | |
| Jun 6 2001 | Appellant's Opening Brief filed (258 Pp.) |
| Mar 20 2002 | Respondent's brief filed (165 pp.) |
| Sep 9 2002 | Appellant's reply brief filed (72 pp.) |