Citation 43 Cal.4th 959 original opinion
44 Cal. 4th 385a modification
People v. Richardson
Automatic appeal from a judgment of death.
Filed 7/16/08
IN THE SUPREME COURT OF CALIFORNIA
THE PEOPLE,
S029588
Plaintiff and Respondent,
Tulare County
v.
Super. Ct. No. 27383
CHARLES KEITH RICHARDSON,
)
Defendant and Appellant.
MODIFICATION OF OPINION
THE COURT:
The opinion herein, filed on May 22, 2008, appearing at 43 Cal.4th 959, is
modified as follows:
1. The first sentence of part c. on page 980 is modified to read:
DNA in semen found on a rectal slide taken from April was found to be
consistent with Steven Brown’s DNA.
2. On page 1017, before the heading “3. Sufficiency of the Evidence for
Lewd Conduct,” the following subheading and paragraph are inserted:
c. Comparison of Photographs
Defendant also argues the prosecutor committed misconduct in closing
argument because he “improperly asked the jury to second-guess the experts by
becoming experts themselves and compare the photographs of the pubic hair
evidence to decide for themselves whether they matched.” Defendant failed to
object to the prosecutor’s argument on this ground and thus failed to preserve the
issue for appeal. (People v. Hill (1998) 17 Cal.4th 800, 820.) Were we to reach
the issue, we would find no error. The permissible scope of closing argument is
broad, and the prosecutor’s recommendation that the jury should use its common
sense when both evaluating conflicting expert evidence and examining the
photographs fell well within the boundaries of permissible argument.
This modification does not affect the judgment.
Opinion Information
| Date: | Citation: | Docket Number: | Category: | Status: | Cross Referenced Cases: |
| Wed, 07/16/2008 | 43 Cal.4th 959 original opinion 44 Cal. 4th 385a modification | S029588M | Automatic Appeal | closed; remittitur issued | RICHARDSON (CHARLES KEITH) ON H.C. (S148523) RICHARDSON v. S.C. (PEOPLE) (S127275) |
Parties
| 1 |
Richardson, Charles Keith (Appellant) San Quentin State Prison Represented by Karen A. Kelly Attorney at Law P.O. Box 6308 Modesto, CA |
| 2 |
Richardson, Charles Keith (Appellant) San Quentin State Prison Represented by Richard Jay Moller Attorney at Law P.O. Box 1669 Redway, CA |
| 3 |
The People (Respondent) Represented by Attorney General - Fresno Office Kathleen McKenna, Deputy Attorney General 2550 Mariposa Mall, Room 5090 Fresno, CA |
| Disposition | |
| May 22 2008 | Opinion: Affirmed |
| Dockets | |
| Oct 7 1992 | Judgment of death |
| Nov 3 1992 |
Filed certified copy of Judgment of Death Rendered 10-7-92. |
| Jan 15 1997 |
Counsel appointment order filed Upon request of appellant for appointment of counsel, Richard J. Moller is hereby appointed as lead counsel, and Karen Kelly is appointed as associate counsel, to represent appellant on his automatic appeal now pending in this court, including any related habeas proceedings. |
| Jan 16 1997 | Compensation awarded counsel |
| Feb 14 1997 |
Application for Extension of Time filed To request Record correction |
| Feb 19 1997 |
Extension of Time application Granted To May 2,1997 To request Record correction |
| Apr 28 1997 |
Application for Extension of Time filed By Applt to request correction of the Record. |
| Apr 29 1997 |
Extension of Time application Granted To Applt To 7-1-97 To request Corr. of Record. |
| Jun 24 1997 |
Application for Extension of Time filed By Applt to request correction of the Record. |
| Jun 26 1997 |
Extension of Time application Granted To Applt To 9-2-97 To request Corr. of Record. |
| Aug 22 1997 |
Application for Extension of Time filed By Applt to request correction of the Record. |
| Aug 25 1997 |
Extension of Time application Granted To Applt To 11-3-97 To request Corr. of Record. |
| Oct 27 1997 |
Application for Extension of Time filed By Applt to request Record correction |
| Oct 29 1997 |
Extension of Time application Granted To January 2,1998 To request Record correction |
| Dec 29 1997 |
Application for Extension of Time filed By Applt to request correction of the Record. |
| Dec 30 1997 |
Extension of Time application Granted To March 3,1998 To request Record correction |
| Mar 2 1998 |
Application for Extension of Time filed By Applt to request correction of Record. |
| Mar 6 1998 |
Extension of Time application Granted To Applt To 5-4-98 To request Corr. of Record. no further Extensions of time Are Contemplated. |
| Apr 27 1998 |
Received copy of appellant's record correction motion appellant's request to correct, augment, and settle the record, to examine sealed transcripts and sealed records (46 pp.) |
| Jul 13 1998 | Compensation awarded counsel |
| Aug 26 1998 | Compensation awarded counsel |
| Feb 19 1999 | Compensation awarded counsel |
| Sep 13 1999 | Compensation awarded counsel |
| Dec 14 1999 |
Compensation awarded counsel Atty Moller |
| Jan 13 2000 |
Compensation awarded counsel Atty Moller |
| Jan 24 2000 |
Motion filed Applt's joint motion to withdraw as Atty of Record and be Reappointed as Independent Counsel for the direct Appeal and Habeas Corpus and Clemency. |
| Feb 16 2000 |
Order filed: Good cause appearing, the application of appointed lead and associate counsel for permission to withdraw, respectively, as habeas corpus/executive clemency attorney of record and as appellate attorney of record for appellant Charles K. Richardson, filed 1-24-2000, is granted. The order appointing Richard Jay Moller as lead counsel of record for appellant Charles K. Richardson, filed 1-15-97, is hereby vacated with respect to the investigation and/or initiation of state habeas corpus/executive clemency proceedings related to appellant's capital appeal now pending before this court. Mr. Moller shall remain as lead counsel of record for appellant Richardson's capital appeal, and shall continue to be responsible for all appellate duties as specified in Supreme Court Policies Regarding Cases Arising From Judgments of Death, Pollicy 3, standards 1-1 and 2-1. The order appointing Karen Kelly as associate counsel of record for appellant Charles Keith Richardson, filed 1-15-97, is hereby vacated with respect to appellant's pending capital appeal. Ms. Kelly shall remain as counsel of record to represent appellant for the investigation and/or initiation of state habeas corpus/executive clemency proceedings related to the above capital appeal, and, as lead counsel, shall be responsible for all habeas corpus/executive clemency duties as specified in Supreme Court Polices Regarding Cases Arising from Judgments of Death, Policy 3, standards 1-1 and 2-1. |
| Mar 2 2000 |
Compensation awarded counsel Atty Kelly |
| Mar 29 2000 |
Compensation awarded counsel Atty Kelly |
| May 1 2000 |
Compensation awarded counsel Atty Kelly |
| May 24 2000 |
Compensation awarded counsel Atty Kelly |
| Aug 9 2000 |
Compensation awarded counsel Atty Kelly |
| Aug 24 2000 |
Counsel's status report received (confidential) from atty Karen Kelly. |
| Aug 29 2000 |
Counsel's status report received (confidential) from atty Moller. |
| Oct 18 2000 |
Compensation awarded counsel Atty Kelly |
| Oct 20 2000 |
Counsel's status report received (confidential) from atty Moller. |
| Oct 27 2000 |
Counsel's status report received (confidential) from atty Kelly. |
| Nov 17 2000 |
Compensation awarded counsel Atty Kelly |
| Dec 15 2000 |
Counsel's status report received (confidential) from atty Moller. |
| Jan 17 2001 |
Compensation awarded counsel Atty Kelly |
| Jan 18 2001 |
Counsel's status report received (confidential) from atty Kelly. |
| Feb 20 2001 |
Counsel's status report received (confidential) from atty Moller. |
| Mar 15 2001 |
Compensation awarded counsel Atty Kelly |
| Mar 19 2001 |
Counsel's status report received (confidential) from atty Kelly. |
| Apr 5 2001 |
Counsel's status report received (confidential) from atty Moller. |
| May 23 2001 |
Compensation awarded counsel Atty Kelly |
| Jun 7 2001 |
Counsel's status report received (confidential) from atty Kelly. |
| Jun 14 2001 |
Counsel's status report received (confidential) from atty Moller. |
| Jun 14 2001 |
Compensation awarded counsel Atty Kelly |
| Aug 16 2001 |
Counsel's status report received (confidential) from atty Moller. |
| Aug 22 2001 |
Compensation awarded counsel Atty Kelly |
| Oct 9 2001 |
Counsel's status report received (confidential) from atty Kelly. |
| Oct 15 2001 |
Counsel's status report received (confidential) from atty Kelly. |
| Oct 19 2001 |
Counsel's status report received (confidential) from atty Moller. |
| Nov 13 2001 |
Compensation awarded counsel Atty Kelly |
| Nov 19 2001 |
Counsel's status report received (confidential) from atty Moller. |
| Dec 6 2001 |
Note: The record on appeal was returned to Tulare County, on 12/5/2001, to correct the following: Prepare a master index for the RT (Rule 9 (d)); Submit the origianl certificate signed by the Judge, certifying the record to this court; prepare missing vols. 59 and 60 of the RT. |
| Dec 13 2001 |
Counsel's status report received (confidential) from atty Moller. |
| Feb 13 2002 |
Compensation awarded counsel Atty Kelly |
| Feb 13 2002 |
Compensation awarded counsel Atty Kelly |
| Feb 19 2002 |
Counsel's status report received (confidential) from atty Kelly. |
| Mar 22 2002 |
Counsel's status report received (confidential) from atty Moller. |
| Apr 17 2002 |
Compensation awarded counsel Atty Kelly |
| Apr 29 2002 |
Counsel's status report received (confidential) from atty Moller. |
| May 7 2002 |
Counsel's status report received (confidential) from atty Kelly. |
| Jul 9 2002 |
Counsel's status report received (confidential) from atty Moller. |
| Jul 26 2002 |
Counsel's status report received (confidential) from atty Kelly. |
| Aug 14 2002 |
Compensation awarded counsel Atty Kelly |
| Sep 9 2002 |
Counsel's status report received (confidential) from atty Moller. |
| Sep 19 2002 |
Compensation awarded counsel Atty Moller |
| Sep 19 2002 |
Compensation awarded counsel Atty Moller |
| Oct 4 2002 |
Counsel's status report received (confidential) from atty Kelly. |
| Nov 12 2002 |
Counsel's status report received (confidential) from atty Moller. |
| Dec 26 2002 |
Counsel's status report received (confidential) from atty Moller. |
| Jan 9 2003 |
Counsel's status report received (confidential) from atty Kelly. |
| Jan 24 2003 |
Compensation awarded counsel Atty Moller |
| Jan 28 2003 |
Record on appeal filed Clerk's transcript 53 volumes (13811 pp.) and reporter's transcript 179 volumes (17418 pp.), including material under seal. Clerk's transcript includes 5461 pp. of juror questionnaires. |
| Jan 28 2003 |
Appellant's opening brief letter sent, due: March 10, 2003. |
| Feb 19 2003 |
Compensation awarded counsel Atty Moller |
| Feb 21 2003 |
Counsel's status report received (confidential) from atty Moller. |
| Feb 21 2003 |
Request for extension of time filed to file appellant's opening brief. (1st request) |
| Feb 26 2003 |
Extension of time granted to 5/9/2003 to file appellant's opening brief. The court anticipates that after that date, only five further extensions totaling 300 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. |
| Feb 28 2003 |
Counsel's status report received (confidential) from atty Kelly. |
| Apr 9 2003 |
Compensation awarded counsel Atty Kelly |
| Apr 25 2003 |
Counsel's status report received (confidential) from atty Moller. |
| Apr 25 2003 |
Request for extension of time filed to file appellant's opening brief. (2nd request) |
| Apr 30 2003 |
Extension of time granted to 7/8/2003 to file appellant's opening brief. The court anticipates that after that date, only four further extensions totaling 240 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. |
| Jun 18 2003 |
Counsel's status report received (confidential) from atty Kelly. |
| Jun 25 2003 |
Request for extension of time filed to file appellant's opening brief. (3rd request) |
| Jun 25 2003 |
Counsel's status report received (confidential) from atty Moller. |
| Jun 27 2003 |
Extension of time granted to 9/8/2003 to file appellant's opening brief. The court anticipates that after that date, only three further extensions totaling 180 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. |
| Aug 26 2003 |
Request for extension of time filed to file appellant's opening brief. (4th request) |
| Aug 26 2003 |
Counsel's status report received (confidential) from atty Moller. |
| Aug 28 2003 |
Extension of time granted to 11-7-2003 to file AOB. 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. |
| Sep 12 2003 |
Counsel's status report received (confidential) from atty Kelly. |
| Sep 22 2003 |
Counsel's status report received (confidential) from atty Kelly. |
| Oct 24 2003 |
Request for extension of time filed to file appellant's opening brief. (5th request) |
| Oct 24 2003 |
Counsel's status report received (confidential) from atty Moller. |
| Oct 28 2003 |
Compensation awarded counsel Atty Kelly |
| Nov 4 2003 |
Extension of time granted to 1/6/2004 to file appellant's opening brief. After that date, only three further extensions totaling about 180 additional days will be granted. Extension is granted based uponcounsel Richard Jay Moller's representation that he anticipates filing that brief by 6/30/2004. |
| Nov 12 2003 |
Compensation awarded counsel Atty Kelly |
| Dec 1 2003 |
Counsel's status report received (confidential) from atty Kelly. |
| Dec 3 2003 |
Change of Address filed for: habeas corpus counsel Karen Kelly. |
| Dec 26 2003 |
Counsel's status report received (confidential) from atty Moller. |
| Dec 26 2003 |
Request for extension of time filed to file appellant's opening brief. (6th request) |
| Dec 31 2003 |
Extension of time granted to 3/8/2004. After that date, only two further extensions totaling about 120 additional days will be granted. Extension is granted based upon counsel Richard Jay Moller's representation that he anticipates filing that brief by June 30, 2004 |
| Jan 27 2004 |
Counsel's status report received (confidential) from atty Kelly. |
| Feb 3 2004 |
Compensation awarded counsel Atty Kelly |
| Feb 25 2004 |
Request for extension of time filed to file appellant's opening brief. (7th request) |
| Feb 25 2004 |
Counsel's status report received (confidential) from atty Moller. |
| Mar 1 2004 |
Extension of time granted to 5/7/2004 to file appellant's opening brief. After that date, only one further extension totaling about 60 additional days will be granted. Extension is granted based upon counsel Richard Jay Moller's representation that he anticipates filing that brief by 6/30/2004. |
| Mar 3 2004 |
Compensation awarded counsel Atty Kelly |
| Mar 24 2004 |
Counsel's status report received (confidential) from atty Kelly. |
| Mar 24 2004 |
Change of contact information filed for: attorney Karen Kelly. |
| Apr 26 2004 |
Counsel's status report received (confidential) from atty Moller. |
| Apr 26 2004 |
Request for extension of time filed to file appellant's opening brief. (8th request) |
| Apr 28 2004 |
Extension of time granted to 6/30/2004 to file appellant's opening brief. Extension is granted based upon counsel Richard Jay Moller's representation that he anticipates filing that brief by 6/30/2004. After that date, no further extension will be granted. |
| May 6 2004 |
Compensation awarded counsel Atty Kelly |
| May 12 2004 |
Compensation awarded counsel Atty Kelly |
| May 25 2004 |
Application to file over-length brief filed by appellant to file opening brief. (175,561 word brief submitted under separate cover) |
| May 26 2004 |
Order filed Appellant's application for leave to file opening brief in excess of word count limit is granted. |
| May 26 2004 |
Appellant's opening brief filed (175,561 words - 622 pages) |
| Jun 7 2004 |
Compensation awarded counsel Atty Moller |
| Jun 30 2004 |
Request for extension of time filed to file respondent's brief. (1st request) |
| Jul 2 2004 |
Extension of time granted to 8/24/2004 to file respondent's brief. |
| Jul 7 2004 |
Filed: Amended proof of service of request for extension of time to file respondent's brief. |
| Jul 12 2004 |
Counsel's status report received (confidential) from atty Kelly. |
| Aug 5 2004 |
Compensation awarded counsel Atty Kelly |
| Aug 17 2004 |
Request for extension of time filed to file respondent's brief. (2nd request) |
| Aug 18 2004 |
Compensation awarded counsel Atty Kelly |
| Aug 23 2004 |
Note: related petition for writ of mandate/prohibition (related to motion for DNA testing) filed this date, no. S127275. |
| Aug 23 2004 |
Filed: Appellant's application for permission to file supplemental brief. (1345 word brief submitted under separate cover) |
| Aug 25 2004 |
Order filed Appellant's application for permissin to file supplemental brief is granted. |
| Aug 25 2004 |
Filed: Appellant's supplemental brief. (1345 words - 5 pp.) |
| Aug 25 2004 |
Extension of time granted to 10/25/2004 to file respondent's brief. After that date, only four further extensions totaling about 270 additional days will be granted. Extension is granted based upon Deputy Attorney General Kathleen A. McKenna's representation that she anticipates filing that brief by 5/25/2005. |
| Sep 7 2004 |
Supplemental record/transcript filed Reporter's transcript, dated 8/6/2004, re motion for DNA testing. (6 pp.) |
| Oct 15 2004 |
Request for extension of time filed to file respondent's brief. (3rd request) |
| Oct 19 2004 |
Extension of time granted to 12/22/2004 to file respondent's brief. After that date, only three further extensions totaling about 210 additional days will be granted. Extension is granted based upon Deputy Attorney General Kathleen A. McKenna's representation that she anticipates filing that brief by 5/25/2005. |
| Oct 21 2004 |
Counsel's status report received (confidential) from atty Kelly. |
| Nov 22 2004 | Habeas funds request filed (confidential) |
| Dec 15 2004 | Order filed re habeas funds request (confidential) |
| Dec 20 2004 |
Request for extension of time filed to file respondent's brief. (4th request) |
| Dec 22 2004 |
Extension of time granted to 2/22/2005 to file respondent's brief. After that date, only two further extensions totaling about 150 additional days will be granted. Extension is granted based upon Deputy Attorney General Kathleen A. McKenna's representation that she anticipates filing that brief by 5/25/2005. |
| Feb 9 2005 |
Counsel's status report received (confidential) from atty Kelly. |
| Feb 15 2005 |
Request for extension of time filed to file respondent's brief. (5th request) |
| Feb 16 2005 |
Compensation awarded counsel Atty Kelly |
| Feb 22 2005 |
Extension of time granted to 4/25/2005 to file respondent's brief. After that date, only one further extension totaling about 30 additional days will be granted. Extension is graned based upon Deputy Attorney General Kathleen A. McKenna's representation that she anticipates filing that brief by 5/25/2005. |
| Feb 23 2005 |
Compensation awarded counsel Atty Kelly |
| Mar 16 2005 |
Note: CHARLES KEITH RICHARDSON v. S.C. TULARE COUNTY, THE PEOPLE - S127275 consolidated with this case pursuant to order filed this date. Return to order to show cause due 4/15/2005. |
| Apr 5 2005 |
Request for extension of time filed to file return to order to show cause. (1st request) |
| Apr 15 2005 |
Extension of time granted to 5/16/2005 to file the return to the order to show cause. After that date, no further extension is contemplated. Extension is granted based upon Deputy Attorney General Kathleen A. McKenna's epresentation that she anticipates filing that brief by 5/15/2005. |
| Apr 20 2005 |
Request for extension of time filed to file respondent's brief. (6th request) |
| Apr 25 2005 |
Counsel's status report received (confidential) from atty Kelly. |
| Apr 25 2005 |
Extension of time granted to 5/25/2005 to file respondent's brief. Extension is granted based upon Deputy Attorney General Kathleen A. McKenna's representation that she anticipates filing that brief by 5/25/2005. After that date, no further extension will be granted. |
| May 4 2005 |
Compensation awarded counsel Atty Kelly |
| May 16 2005 |
Written return filed to OSC (Richardson v. Superior Court, S127275). (33 pp.) |
| May 18 2005 |
Compensation awarded counsel Atty Kelly |
| May 25 2005 |
Respondent's brief filed (77268 words; 287 pp.) |
| Jun 2 2005 |
Request for extension of time filed to file appellant's reply brief. (1st request) |
| Jun 2 2005 |
Reply to return filed by attorney Richard Jay Moller (Richardson v. Superior Court, S127275). (18 pp.) |
| Jun 8 2005 |
Extension of time granted to 8/12/2005 to file appellant's reply brief. |
| Jun 24 2005 |
Counsel's status report received (confidential) from atty Kelly. |
| Jul 13 2005 |
Compensation awarded counsel Atty Moller |
| Jul 25 2005 |
Request for extension of time filed to file appellant's reply brief. (2nd request) |
| Jul 25 2005 |
Counsel's status report received (confidential) from atty Moller. |
| Jul 26 2005 |
Extension of time granted to 10/11/2005 to file appellant's reply brief. After that date, only four further extensions totaling about 210 additional days are contemplated. Extension is granted based upon counsel Richard Jay Moller's representation that he anticipates filing that brief by 6/2006. |
| Aug 17 2005 |
Compensation awarded counsel Atty Kelly |
| Sep 20 2005 |
Counsel's status report received (confidential) from atty Kelly. |
| Sep 23 2005 |
Request for extension of time filed to file appellant's reply brief. (3rd request) |
| Sep 23 2005 |
Counsel's status report received (confidential) from atty Moller. |
| Sep 29 2005 |
Extension of time granted to 12/9/2005 to file appellant's reply brief. After that date, only three further extensions totaling about 150 additional days will be granted. Extension is granted based upon counsel Richard Jay Moller's representation that he anticipates filing that brief by 6/2006. |
| Nov 28 2005 |
Request for extension of time filed to file reply brief. (4th request) |
| Nov 28 2005 |
Counsel's status report received (confidential) from atty Moller. |
| Dec 1 2005 |
Extension of time granted to 2/7/2006 to file the reply brief. After that date, only two further extensions totaling about 90 additional days will be granted. Extension is granted based upon counsel Richard Moller's representation that he anticipates filing that brief by June 2006. |
| Dec 16 2005 |
Counsel's status report received (confidential) from atty Kelly. |
| Jan 18 2006 |
Compensation awarded counsel Atty Kelly |
| Feb 3 2006 |
Request for extension of time filed to file appellant's reply brief. (5th request) |
| Feb 3 2006 |
Counsel's status report received (confidential) from atty Moller. |
| Feb 7 2006 |
Extension of time granted to 4/10/2006 to file the appellant's reply brief. After that date, only one further extension totaling about 60 additional days will be granted. Extension is granted based upon counsel Richard Jay Moller's representation that he anticipates filing that brief by June 2006. |
| Mar 27 2006 |
Counsel's status report received (confidential) from atty Moller. |
| Mar 27 2006 |
Request for extension of time filed to file appellant's reply brief. (6th request) |
| Mar 28 2006 |
Extension of time granted to June 9, 2006 to file appellant's opening brief. Extension is granted based upon counsel Richard Jay Moller's representation that he anticipates filing that brief by June 9, 2006. After that date, no further extension will be granted. |
| May 30 2006 |
Counsel's status report received (confidential) from atty Kelly. |
| Jun 8 2006 |
Appellant's reply brief filed (46,461 words; 169 pp.) |
| Jun 21 2006 |
Compensation awarded counsel Atty Moller |
| Jul 28 2006 |
Counsel's status report received (confidential) from atty Kelly. |
| Oct 16 2006 |
Counsel's status report received (confidential) from atty Kelly. |
| Dec 5 2006 |
Related habeas corpus petition filed (concurrent) S148523. |
| Dec 20 2006 |
Compensation awarded counsel Atty Kelly |
| Jan 2 2007 |
Motion for access to sealed record filed respondent's "Request for Sealed Records Pursuant to Penal Code Section 987.9, Subdivision (D)." |
| Jan 12 2007 |
Filed: petitioner's response to respondent's request for sealed records. |
| Feb 28 2007 |
Motion denied Respondent's "Request for Sealed Records Pursuant to Penal Code Section 987.9, Subdivision (d)," filed on December 27, 2006, is denied because the record on appeal does not contain any such records. |
| Mar 22 2007 |
Filed: additional record on appeal, clerk's transcript 5 volumes (978 pp.) |
| Mar 22 2007 |
Letter sent to: counsel advising additional record on appeal filed this date. |
| Mar 26 2007 |
Motion for access to sealed record filed by respondent. |
| Apr 25 2007 |
Motion for access to sealed record granted Respondent's "Renewed Request for Sealed Records Pursuant to Penal Code Section 987.9, Subdivision (d)," filed on March 26, 2007, is granted. The Clerk of this court is directed to provide respondent with copies of the two volumes of sealed section 987.9 materials, pages 1 through 322, filed in this court on March 22, 2007. Except as provided herein, these documents must remain under seal and their use must be limited solely to the pending proceeding. (Pen. Code Section 987.9, subd. (d); see also Cal. Rules of Court, rule 8.160(g).) |
| May 24 2007 |
Compensation awarded counsel Atty Kelly |
| Jun 13 2007 |
Compensation awarded counsel Atty Kelly |
| Aug 24 2007 |
Received: copies of (missing) pp. 4851-4865 of volume 41 of the reporter's transcript of defendant's second trial, from attorney Moller. |
| Aug 27 2007 |
Note: copies of pp. 4851-4865 of volume 41 of the reporter's transcript sent to attorney Karen Kelly and Deputy AG McKenna this date. |
| Aug 29 2007 |
Exhibit(s) lodged People's exhibits, nos. 17 and 19. |
| Sep 26 2007 | Habeas funds request filed (confidential) |
| Sep 26 2007 |
Compensation awarded counsel Atty Kelly |
| Oct 18 2007 |
Compensation awarded counsel Atty Kelly |
| Nov 14 2007 |
Previously consolidated cases ordered severed Review in Richardson v. Superior Court (People), S127275, is severed from review in People v. Charles Keith Richardson, S029588. The Clerk of the Court is directed to reopen case number S127275 for determination of the cause by this court. |
| Dec 27 2007 |
Oral argument letter sent advising counsel that the court could schedule this case for argument as early as the February 2008 calendar, to be held the week of February 4, 2008, in Sacramento. 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. |
| Feb 6 2008 |
Case ordered on calendar to be argued Thursday, March 6, 2008, at 1:30 p.m., in San Francisco |
| Feb 19 2008 |
Filed: appellant's focus issues letter, dated February 13, 2008. |
| Feb 19 2008 |
Received: appellant's letter of additional authorities, dated February 13, 2008. |
| Feb 27 2008 |
Received: appearance sheet from R. Jay Moller, indicating 45 minutes for oral argument for appellant. |
| Mar 6 2008 | Cause argued and submitted |
| Mar 12 2008 | Order filed re habeas funds request (confidential) |
| Mar 20 2008 |
Compensation awarded counsel Atty Kelly |
| Mar 20 2008 |
Compensation awarded counsel Atty Moller |
| Apr 9 2008 |
Compensation awarded counsel Atty Kelly |
| May 21 2008 | Notice of forthcoming opinion posted |
| May 22 2008 |
Opinion filed: Judgment affirmed in full The matter is remanded to the trial court for reconsideration of the question of the restitution fine. In all other respects, the judgment is affirmed. opinion by Moreno, J. -----joined by George, C.J., Kennard, Baxter, Werdegar, Chin and Corrigan, JJ. |
| Jun 13 2008 |
Rehearing petition filed by appellant (726 words; 4 pp.) (note: envelope indicates petition was mailed via priority mail June 6, 2008 and remailed on June 11, 2008. Petition was received at the court this date.) |
| Jun 18 2008 |
Time extended to consider modification or rehearing The time for granting or denying rehearing in the above-entitled case is hereby extended to and including August 20, 2008, or the date upon which rehearing is either granted or denied., whichever occurs first. |
| Jun 18 2008 |
Compensation awarded counsel Atty Kelly |
| Jun 25 2008 |
Compensation awarded counsel Atty Kelly |
| Jul 16 2008 |
Rehearing denied The opinion is modified on the court's own motion. The petition for rehearing is denied. |
| Jul 16 2008 | Opinion modified - no change in judgment |
| Jul 16 2008 | Remittitur issued (AA) |
| Jul 17 2008 |
Exhibit(s) returned to superior court. |
| Jul 24 2008 |
Received: acknowledgment of receipt of exhibits from superior court. |
| Jul 25 2008 |
Received: acknowledgment of receipt of remittitur from the superior court. |
| Oct 1 2008 |
Compensation awarded counsel Atty Moller |
| Oct 16 2008 |
Compensation awarded counsel Atty Kelly |
| Nov 17 2008 |
Received: letter from U.S.S.C, dated November 13, 2008, advising that a petition for writ of certiorari was filed on October 6, 2008, and placed on its docket November 13, 2008 as No. 08-7202. |
| Nov 20 2008 |
Compensation awarded counsel Atty Kelly |
| Feb 23 2009 | Certiorari denied by U.S. Supreme Court |
| Apr 20 2009 |
Counsel fee request received Atty Kelly |
| Jun 10 2009 |
Compensation awarded counsel Atty Kelly |
| Oct 29 2009 |
Compensation awarded counsel Atty Kelly |
| Briefs | |
| May 26 2004 |
Appellant's opening brief filed |
| May 16 2005 |
Written return filed |
| May 25 2005 |
Respondent's brief filed |
| Jun 2 2005 |
Reply to return filed |
| Jun 8 2006 |
Appellant's reply brief filed |
If you'd like to submit a brief document to be included for this opinion, please submit an e-mail to the SCOCAL website.
