Citation 43 Cal.4th 327 original opinion 43 Cal. 4th 1095a modification

People v. Zamudio

Automatic appeal from a judgment of death.

Filed 6/11/08




IN THE SUPREME COURT OF CALIFORNIA


THE PEOPLE,
Plaintiff and Respondent,
S074414
v.
SAMUEL ZAMUDIO,
Los Angeles County
Defendant and Appellant.
Super. Ct. No. VA036217


MODIFICATION OF OPINION
THE COURT:


The opinion filed April 21, 2008, and published at 43 Cal.4th 327, is
modified in the following respect:
In footnote 15 on page 355, add the phrase, “do not involve facts or legal
standards from those defendant presented at trial, and thus . . . .” As modified,
footnote 15 reads:

“Our rejection of defendant’s work product claim on the merits
‘necessarily leads to rejection’ of his constitutional challenges to
LaVigne’s testimony insofar as they do not involve facts or legal
standards different from those defendant presented at trial, and thus
are cognizable on appeal despite his failure at trial to object to the
testimony on a constitutional basis. (Boyer, supra, 38 Cal.4th at p.
441, fn. 17.)”


This modification does not change the judgment.
Opinion Information
Date: Citation: Docket Number: Category: Status: Cross Referenced Cases:
Wed, 06/11/2008 43 Cal.4th 327 original opinion 43 Cal. 4th 1095a modification S074414M Automatic Appeal closed; remittitur issued ZAMUDIO JIMENEZ (SAMUEL) on H.C. (S167100)
Parties
1 The People (Respondent)
Represented by Attorney General - Los Angeles Office
Herbert S. Tetef, Deputy Attorney General
300 South Spring Street, 5th Floor
Los Angeles, CA
2 Zamudio, Samuel Jiminez (Appellant)
San Quentin State Prison
Represented by Habeas Corpus Resource Center
Sara Cohbra
303 Second Street, Suite 400 South
San Francisco, CA
3 Zamudio, Samuel Jiminez (Appellant)
San Quentin State Prison
Represented by Office Of The State Public Defender-Sf
Peter R. Silten, Deputy State Public Defender
221 Main Street, 10th Floor
San Francisco, CA
Disposition
Apr 21 2008 Opinion: Affirmed as modified
Dockets
Oct 5 1998 Judgment of death
Oct 30 1998 Filed certified copy of Judgment of Death Rendered
10-5-98
Oct 30 1998 Penal Code sections 190.6 et seq. apply to this case
Dec 1 1998 Application for Extension of Time filed
By Superior Court Clerk to Complete C.T.
Dec 9 1998 Extension of Time application Granted
Good Cause appearing Therefor,in light of the Municipal Court Clerk's Failure to Timely Deliver its Record to the Superior Court Clerk, the Superior Court Clerk's request for an Extension of time to Complete the Clerk's Transcript on Appeal Is Granted.the Clerk's Transcript Must be Completed on or before 12-18-98.the Superior Court Clerk Shall Notify the Supreme Court Clerk in Writing when the Clerk's Transcript Is Completed.
Mar 24 1999 Record certified for completeness
Aug 1 2002 Filed:
appellant's application for appointment of counsel (IFP form).
Aug 1 2002 Order appointing State Public Defender filed
Upon request of appellant for appointment of counsel, the State Public Defender is hereby appointed to represent appellant Samuel Jiminez Zamudio for the direct appeal in the above automatic appeal now pending in this court.
Aug 2 2002 Date trial court delivered record to appellant's counsel
5,160 pp. record
Aug 12 2002 Appellant's opening brief letter sent, due:
March 5, 2003. (pursuant to Calif. Rules of Court, rule 39.57(b))
Oct 7 2002 Counsel's status report received (confidential)
from State P.D.
Dec 6 2002 Counsel's status report received (confidential)
from State P.D.
Feb 7 2003 Counsel's status report received (confidential)
from State P.D.
Feb 18 2003 Received copy of appellant's record correction motion
Appellant's Motion to Correct, Complete and Settle the Record on Appeal. (16 pp.)
Feb 28 2003 Request for extension of time filed
to file appellant's opening brief. (1st request)
Mar 5 2003 Extension of time granted
to 5/5/2003 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.
May 1 2003 Request for extension of time filed
to file appellant's opening brief. (2nd request)
May 6 2003 Extension of time granted
to 7/7/2003 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 20 2003 Counsel's status report received (confidential)
from State P.D.
Jul 3 2003 Request for extension of time filed
to file appellant's opening brief. (3rd reqeust)
Jul 11 2003 Extension of time granted
to 9-5-2003 to file AOB. 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 20 2003 Counsel's status report received (confidential)
from State P.D.
Sep 2 2003 Request for extension of time filed
to file appellant's opening brief. (4th request)
Sep 9 2003 Extension of time granted
to 11/4/2003 to file appellant's opening 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 step necessary to meet it.
Sep 23 2003 Record certified for accuracy
Oct 20 2003 Counsel's status report received (confidential)
from State P.D.
Oct 30 2003 Request for extension of time filed
to file appellant's opening brief. (5th request)
Nov 4 2003 Extension of time granted
to 1/2/2004 to file appellant's opening brief. The court anticipates that after that date, only two further extensions totaling 90 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.
Dec 5 2003 Record on appeal filed
Clerk's Transcript 15 volumes (2,824 pages) and Reporter's Transcript 31 volumes (3,547 pages including material under seal; ASCII disks Clerk's transcript include 374 pages of juror questionnaires.
Dec 5 2003 Letter sent to:
Counsel advising that record on appeal was filed this date.
Dec 22 2003 Counsel's status report received (confidential)
from State P.D.
Dec 23 2003 Request for extension of time filed
to file appellant's opening brief. (6th request)
Jan 5 2004 Extension of time granted
to 3-2-2004 to file AOB. After that date, only two further extensions totaling 120 additional days will be granted. Extension granted based upon Deputy State P.D. Peter R. Silten's representation that he anticipates filing the AOB by 6-30-2004.
Feb 23 2004 Counsel's status report received (confidential)
from State P.D.
Feb 26 2004 Request for extension of time filed
to file appellant's opening brief. (7th request)
Mar 2 2004 Extension of time granted
to 5/3/2004 to file appellant's opening brief. After that date, only one further extension totaling 60 additional days will be granted. Extension is granted based upon Deputy State Public Defender Peter R. Silten's representation that he anticipates filing that brief by 6/30/2004.
Apr 27 2004 Counsel's status report received (confidential)
from State P.D.
Apr 30 2004 Request for extension of time filed
to file appellant's opening brief. (8th request)
May 7 2004 Extension of time granted
to 7-2-2004 to file AOB. After that date, no further extension wil be granted. Extension granted based upon Deputy SPD Peter R. Silten's representation that he anticipates filing the brief by 7-2-2004.
Jul 2 2004 Appellant's opening brief filed
(62253 words - 219 pp.)
Jul 2 2004 Respondent's brief letter sent; due:
November 1, 2004.
Oct 26 2004 Request for extension of time filed
to file respondent's brief. (1st. request)
Oct 27 2004 Extension of time granted
to 1/3/2005 to file respondent's brief.
Dec 22 2004 Request for extension of time filed
to file respondent's brief. (2nd. request)
Dec 30 2004 Extension of time granted
to 3/4/2005 to file respondent's brief. After that date, only one further extension totaling about 30 additional days will be granted. Extension is granted based upon Deputy Attorney General Herbert S. Tetef's representation that he anticipates filing that brief by 3/31/2005.
Feb 24 2005 Request for extension of time filed
to file respondent's brief. (3rd. request)
Mar 1 2005 Extension of time granted
to 4/1/2005 to file respondent's brief. After that date, no further extension will be granted. Extension is granted based upon Deputy Attorney General Herbert S. Tetef's representation that he anticipates filing that brief by 3/31/2005.
Mar 9 2005 Respondent's brief filed
(32223 words; 107 pp.)
Apr 28 2005 Request for extension of time filed
to file appellant's reply brief. (1st request)
May 3 2005 Extension of time granted
to 7/8/2005 to file appellant's reply brief.
Jun 30 2005 Request for extension of time filed
to file reply brief. (2nd request)
Jul 7 2005 Extension of time granted
to September 6, 2005 to file appellant?s reply brief. After that date, only one further extension totaling about 70 additional days will be granted. Extension is granted based upon Deputy State Public Defender Peter R. Silten?s representation that he anticipates filing that brief by mid-November 2005.
Sep 1 2005 Request for extension of time filed
to file appellant's reply brief. (3rd request)
Sep 9 2005 Extension of time granted
to 11/15/2005 to file appellant's reply brief. Extension is granted based upon Deputy State Public Defender Peter R. Silten's representation that he anticipates filing that brief by 11/15/2005. After that date, further extension is contemplated.
Nov 15 2005 Appellant's reply brief filed
(22,300 words; 85 pp.)
Jun 27 2007 Order appointing Habeas Corpus Resource Center filed
Upon request of appellant for appointment of counsel, the Habeas Corpus Resource Center is hereby appointed to represent appellant Samuel Jiminez Zamudio for habeas corpus/executive clemency proceedings related to the above automatic appeal now pending in this court. Any "petition for writ of habeas corpus will be presumed to be filed without substantial delay if it is filed . . . within 36 months" of this date (Supreme Ct. Policies Regarding Cases Arising From Judgments of Death, policy 3, timeliness std. 1-1.1), and it will be presumed that any successive petition filed within that period is justified or excused (see In re Clark (1993) 5 Cal.4th 750, 774-782), in light of this court's delay in appointing habeas corpus/executive clemency counsel on behalf of appellant Samuel Jiminez Zamudio.
Aug 23 2007 Change of contact information filed for:
HCRC.
Aug 28 2007 Counsel's status report received (confidential)
from HCRC.
Oct 29 2007 Counsel's status report received (confidential)
from HCRC.
Dec 7 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.
Dec 28 2007 Counsel's status report received (confidential)
from HCRC.
Jan 3 2008 Case ordered on calendar
to be argued on Wednesday, February 6, 2008, at 1:30 p.m., in Sacramento
Jan 7 2008 Motion filed (AA)
by appellant for leave to file supplemental opening brief. (brief submitted under separate cover)
Jan 8 2008 Order filed
Appellant's "Motion for Leave to File Supplemental Opening Brief" is granted. Any supplemental respondent's brief must be served and filed in the San Francisco office of the court on or before January 18, 2008, and any supplemental reply brief must be served and filed in the San Francisco office of the court on or before January 23, 2008.
Jan 8 2008 Filed:
appellant's supplemental opening brief. (495 words; 4 pp.)
Jan 14 2008 Received:
appearance sheet from Deputy Attorney General Herbert S. Tetef, indicating 30 minutes for oral argument for respondent.
Jan 14 2008 Filed:
respondent's focus issues letter dated Janaury 14, 2008.
Jan 15 2008 Filed:
appellant's focus issues letter dated January 14, 2008.
Jan 15 2008 Received:
appearance sheet from Deputy Public Defender Peter R. Silten, indicating 30 minutes for oral argument for appellant.
Jan 16 2008 Filed:
supplemental respondent's brief. (156 words; 2 pp.)
Jan 25 2008 Received:
Respondent's letter of additional authorities for oral argument.
Jan 25 2008 Received:
Appellant's letter of additional authorities for oral argument.
Jan 31 2008 Received:
Appellant's letter of supplemental additional authorities for oral argument.
Feb 6 2008 Cause argued and submitted
Feb 11 2008 Filed:
letter from respondent, dated February 8, 2008.
Feb 13 2008 Filed:
letter from appellant, dated February 11, 2008, in response to respondent's letter of February 8, 2008.
Feb 28 2008 Counsel's status report received (confidential)
from HCRC.
Apr 18 2008 Notice of forthcoming opinion posted
Apr 21 2008 Opinion filed: Judgment affirmed as modified
...we vacate one multiple-murder special-circumstance finding, but otherwise affirm the guilt and penalty judgments of defendant Samuel Zamudio in their entirety. opinion by Chin, J. -----joined by George, C.J., Kennard, Baxter, Werdegar, Moreno and Corrigan, JJ.
Apr 29 2008 Counsel's status report received (confidential)
from HCRC.
May 5 2008 Request for modification of opinion filed
by Los Angeles County Public Defender Terri Towery, dated May 5, 2008.
May 5 2008 Request for modification of opinion filed
by California Public Defenders Association, dated May 2, 2008.
May 6 2008 Rehearing petition filed
by appellant. (4,438 words; 16 pp.)
May 8 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 July 18, 2008, or the date upon which rehearing is either granted or denied, whichever occurs first.
May 16 2008 Request for modification of opinion filed
by the Los Angeles County Alternate Public Defender's Office, dated May 14, 2008.
Jun 11 2008 Rehearing denied
The request for modification of the opinion is granted. The petition for rehearing is denied.
Jun 11 2008 Opinion modified - no change in judgment
Jun 11 2008 Remittitur issued (AA)
Jun 13 2008 Received:
copy of appellant's petition for writ of certiorari. (19 pp. excluding appendices)
Jun 18 2008 Received:
receipt for remittitur.
Jun 20 2008 Received:
letter from USSC, dated June 17, 2008, advising that a petition for writ of certiorari was filed on June 12, 2008 and placed on the docket June 17, 2008 as No. 07-11425.
Jun 30 2008 Counsel's status report received (confidential)
from HCRC.
Aug 27 2008 Counsel's status report received (confidential)
from HCRC.
Sep 29 2008 Related habeas corpus petition filed (post-judgment)
No. S167100, In re Samuel Zamudio Jimenez on Habeas Corpus.
Nov 10 2008 Certiorari denied by U.S. Supreme Court
Justice Stevens filed a statement respecting the denial of the petition for writ of certiorari. Justice Breyer filed an opinion dissenting from the denial of the petition for writ of certiorari.
Briefs
Jul 2 2004 Appellant's opening brief filed
Mar 9 2005 Respondent's brief filed
Nov 15 2005 Appellant's reply brief filed

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