Stanford Law School - Robert Crown Law Library

Filed 6/18/08

IN THE SUPREME COURT OF CALIFORNIA

RODNEY JAMES ALCALA,
Petitioner,
S150806
v.
THE SUPERIOR COURT OF
Ct. App. 4/3 No. G036911
ORANGE COUNTY, )
)
Respondent;
) Orange
County
Super. Ct. No. C-42861
THE PEOPLE,
Real Party in Interest.
MODIFICATION OF OPINION

THE COURT:

The opinion in this matter, filed June 12, 2008, is modified as follows.

On page 2, first full paragraph, the second sentence is revised to
read:

“We affirmed on appeal (People v. Alcala (1992) 4 Cal.4th
742 (Alcala II)), but a federal district court set aside that
judgment, and the United States Court of Appeals for the
Ninth Circuit affirmed the federal district court’s judgment.
(Alcala v. Woodford (9th Cir. 2003) 334 F.3d 862.)”
This modification does not effect a change in the judgment.

---

Petition for review after the Court of Appeal granted in part and denied in part a petition for peremptory writ of mandate. This case presents the following issues: (1) Was consolidation of four newly alleged homicides in Los Angeles County with the retrial of a homicide in Orange County authorized by Penal Code section 790, subdivision (b)? (2) Did the Court of Appeal err in directing that two of the four Los Angeles County homicide prosecutions be severed?

Opinion Information

Date:	Citation:	Docket Number:	Category:	Status:
Wed, 06/18/2008	43 Cal. 4th 1205, 185 P.3d 708, 78 Cal. Rptr. 3d 272	S150806M	Review - Criminal Original (non-H.C.)	closed; remittitur issued

Disposition
Jun 12 2008	Opinion: Reversed

Dockets
Mar 8 2007	Received:   premature depub. request, Office of the Dist. Atty, San Joaquin Co.
Mar 29 2007	Received premature petition for review   Rodney James Alcala, appellant Richard Schwartzberg, CAP/appointed
Apr 2 2007	Record requested
Apr 2 2007	Case start: Petition for review filed   Rodney James Alcala, petitioner Richard Schwartzberg, counsel
Apr 2 2007	Request for depublication (petition for review pending)   Office of the Dist. Attorney, San Joaquin Co. (non-party) Kevin Hicks, DDA
Apr 4 2007	Received Court of Appeal record   one file jacket/transcripts
Apr 24 2007	Answer to petition for review filed   The People, Real Party in Interest Brian N. Gurwitz, Senior Deputy District Attorney (CRC 8.25b)
May 23 2007	Petition for review granted (criminal case)   Votes: George, C. J., Kennard, Baxter, Werdegar, Chin, Moreno and Corrigan, JJ.
Jun 8 2007	Counsel appointment order filed   Upon request of appellant for appointment of counsel, Richard L. Schwartzberg is hereby appointed to represent appellant on the appeal now pending in this court. Appellant's brief on the merits must be served and filed on or before thirty (30) days from the date of this order.
Jun 26 2007	Request for extension of time filed   30 days until August 7, 2007, to serve and file the opening brief on the merits Rodney J. Alcala, petitioner Richard Schwartzberg, counsel
Jun 27 2007	Extension of time granted   On application of petitioner and good cause appearing, it is ordered that the time to serve and file the petitioner's opening brief on the merits is extended to and including August 7, 2007. No furthur extensions will be granted.
Aug 8 2007	Opening brief on the merits filed   counsel for petnr. (Alcala) (8.25(b))
Aug 29 2007	Compensation awarded counsel   Atty Schwartzberg
Sep 6 2007	Answer brief on the merits filed   Real Party People Senior Deputy District Attorney James J. Mulgrew
Sep 24 2007	Reply brief filed (case fully briefed)   Rodney J. Alcala, Petitioner by Richard Schwartzberg, counsel
Mar 3 2008	Filed:   Letter dated February 28, 2008, from counsel for Real Party in Interest, regarding oral argument scheduling. Requests not to be on calendar the week of May 5, 2008.
Mar 4 2008	Case ordered on calendar   to be argued on Wednesday, April 2, 2008, at 1:30 p.m., in Los Angeles
Apr 2 2008	Cause argued and submitted
Jun 12 2008	Opinion filed: Judgment reversed   A single trial on all five murder charges may proceed in Orange County. Majority Opinion by George, CJ. joined by Kennard, Baxter, Werdegar, Chin, Moreno, and Corrigan, JJ.
Jun 18 2008	Opinion modified - no change in judgment
Jun 18 2008	Order filed   The opinion is modified on the court's own motion. George, C.J., was absent and did not participate. Werdegar and Corrigan, JJ., were absent and did not participate.
Jul 3 2008	Order filed   The finality of the opinion in the above-entitled case is hereby extended to and including August 8, 2008, or until further order of this court.
Jul 9 2008	Order filed   The order of this court filed on July 3, 2008 extending the finality of the opinion is hereby vacated.
Jul 16 2008	Remittitur issued (criminal case)
Jul 16 2008	Compensation awarded counsel   Atty Schwartzberg
Aug 5 2008	Received:   Receipt for remittitur from the Court of Appeal, Fourth Appellate District, Division three

Briefs
Aug 8 2007	Opening brief on the merits filed
Sep 6 2007	Answer brief on the merits filed
Sep 24 2007	Reply brief filed (case fully briefed)

If you'd like to submit a brief document to be included for this opinion, please submit an e-mail to the SCOCAL website