Filed 10/25/17
IN THE SUPREME COURT OF CALIFORNIA
RON BRIGGS,
Petitioner,
v.
EDMUND G. BROWN, JR.,
as Governor, etc., et al.,
S238309
Respondents;
CALIFORNIANS TO MEND, NOT END,
THE DEATH PENALTY, etc.,
Intervener.
____________________________________)
ORDER MODIFYING OPINION,
DENYING PETITION FOR REHEARING, AND DENYING AS MOOT
THE MOTION TO VACATE OR MODIFY STAY FILED BY INTERVENER
CALIFORNIANS TO MEND, NOT END, THE DEATH PENALTY
THE COURT:
The opinion in this matter filed August 24, 2017, and appearing at 3 Cal.5th
808, is modified as follows:
On page 826 of the opinion, the sentence reading, “Physicians and other
licensed health care professionals are protected against disciplinary proceedings for
any actions authorized by statute” is modified to read, “Physicians and other licensed
1
health care professionals are protected against disciplinary proceedings for any
actions authorized by section 3604.3.”
On page 829 of the opinion, the phrase that reads “which provided for
(1) postindictment preliminary hearings” is modified to read “which provided for
(1) abolition of the right to postindictment preliminary hearings.”
These modifications do not affect the judgment.
The petition for rehearing is denied. Pursuant to this court’s order of
September 11, 2017, extending the time for granting or denying rehearing, the
decision in this matter is now final.
The Motion to Vacate or Modify Stay filed by intervener Californians to
Mend, Not End, the Death Penalty is denied as moot.
2
Opinion Information
| Date: | Docket Number: |
| Thu, 10/26/2017 | S238309M |
Parties
| 1 | Ron Briggs (Petitioner) Represented by Christina Marie Von Der Ahe Rayburn Orrick, Herrington & Sutcliffe, LLP 2050 Main Street Suite 1100 Irvine, CA |
| 2 | Ron Briggs (Petitioner) Represented by Lillian Jennifer Mao Orrick, Herrington & Sutcliffe LLP 1000 Marsh Road Menlo Park, CA |
| 3 | John Van de Kamp (Petitioner) Represented by Christina Marie Von Der Ahe Rayburn Orrick, Herrington & Sutcliffe, LLP 2050 Main Street Suite 1100 Irvine, CA |
| 4 | John Van de Kamp (Petitioner) Represented by Lillian Jennifer Mao Orrick, Herrington & Sutcliffe LLP 1000 Marsh Road Menlo Park, CA |
| 5 | Edmund G. Brown, Jr. (Respondent) Represented by Jose Alfonso Zelidon-Zepeda Office of the Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA |
| 6 | Xavier Becerra (Respondent) Represented by Jose Alfonso Zelidon-Zepeda Office of the Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA |
| 7 | Kathleen A. Kenealy (Respondent) Represented by Jose Alfonso Zelidon-Zepeda Office of the Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA |
| 8 | Judicial Council of California (Respondent) Represented by Jose Alfonso Zelidon-Zepeda Office of the Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA |
| 9 | Does I through XX (Respondent) |
| 10 | Californians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66 (Intervener) Represented by Kent S. Scheidegger Criminal Justice Legal Foundation 2131 "L" Street Sacramento, CA |
| 11 | Californians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66 (Intervener) Represented by Charles H. Bell, Jr. Bell, McAndrews & Hiltachk, LLP 455 Capitol Mall, Suite 600 Sacramento, CA |
| 12 | Californians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66 (Intervener) Represented by Terry J. Martin Bell, McAndrews & Hiltachk, LLP 455 Capitol Mall, Suite 600 Sacramento, CA |
| 13 | Peace Officers Research Association of California (Amicus curiae) Represented by David P. Mastagni Mastagni Holstedt, APC 1912 I Street Sacramento, CA |
| 14 | Peace Officers Research Association of California (Amicus curiae) Represented by Isaac Sean Stevens Mastagni Holstedt, APC 1912 "I" Street Sacramento, CA |
| 15 | Association of Deputy District Attorneys for Los Angeles (Amicus curiae) Represented by Michele A. Hanisee Los Angeles County District Attorney 555 West 5th Street, Suite 31101 Los Angeles, CA |
| 16 | Riverside County Deputy District Attorney Association (Amicus curiae) Represented by Michele A. Hanisee Los Angeles County District Attorney 555 West 5th Street, Suite 31101 Los Angeles, CA |
| 17 | San Diego County Deputy District Attorneys Association (Amicus curiae) Represented by Michele A. Hanisee Los Angeles County District Attorney 555 West 5th Street, Suite 31101 Los Angeles, CA |
| 18 | Association of Orange County Deputy District Attorneys (Amicus curiae) Represented by Michele A. Hanisee Los Angeles County District Attorney 555 West 5th Street, Suite 31101 Los Angeles, CA |
| 19 | Ventura County Prosecutor's Association (Amicus curiae) Represented by Michele A. Hanisee Los Angeles County District Attorney 555 West 5th Street, Suite 31101 Los Angeles, CA |
| 20 | Kern County Prosecutors Association (Amicus curiae) Represented by Michele A. Hanisee Los Angeles County District Attorney 555 West 5th Street, Suite 31101 Los Angeles, CA |
| 21 | Sacramento County Deputy District Attorneys Association (Amicus curiae) Represented by Michele A. Hanisee Los Angeles County District Attorney 555 West 5th Street, Suite 31101 Los Angeles, CA |
| 22 | Yolo County Deputy District Attorneys Association (Amicus curiae) Represented by Michele A. Hanisee Los Angeles County District Attorney 555 West 5th Street, Suite 31101 Los Angeles, CA |
| 23 | Solano County Association of Deputy District Attorneys (Amicus curiae) Represented by Michele A. Hanisee Los Angeles County District Attorney 555 West 5th Street, Suite 31101 Los Angeles, CA |
| 24 | Sonoma County Prosecutors' Association (Amicus curiae) Represented by Michele A. Hanisee Los Angeles County District Attorney 555 West 5th Street, Suite 31101 Los Angeles, CA |
| 25 | Los Angeles County Professional Peace Officers Association (Amicus curiae) Represented by Michelle Christina Hribar Hayes & Ortega, LLP 3625 Ruffin Road, Suite 300 San Diego, CA |
| 26 | Los Angeles County Professional Peace Officers Association (Amicus curiae) Represented by Dennis J. Hayes Hayes & Otega, LLP 3625 Ruffin Road, Suite 300 San Diego, CA |
| 27 | California Correctional Peace Officers Association (Amicus curiae) Represented by Justin Christopher Delacruz California Correctional Peace Officers Association 755 Riverpoint Drive, Suite 200 West Sacramento, CA |
| 28 | California Correctional Peace Officers Association (Amicus curiae) Represented by Daniel Munroe Lindsay California Correctional Peace Officers Association 755 Riverpoint Drive - Suite 200 West Sacramento, CA |
| 29 | California Correctional Peace Officers Association (Amicus curiae) Represented by David Allen Sanders California Correctional Peace Officers Association 755 Riverpoint Drive, Suite 200 West Sacramento, CA |
| 30 | California District Attorneys Association (Amicus curiae) Represented by Frank C. Meyer, IV California District Attorneys Association 921 Eleventh Street, Suite 300 Sacramento, CA |
| 31 | California District Attorneys Association (Amicus curiae) Represented by Mark Louis Zahner California District Attorney Association 921 Eleventh Street, Suite 300 Sacramento, CA |
| 32 | Constitutional Law (Amicus curiae) Represented by Theano Diana Kapur Evangelis Gibson Dunn & Crutcher, LLP 333 South Grand Avenue Los Angeles, CA |
| 33 | Constitutional Law (Amicus curiae) Represented by Matthew Stewart Kahn Gibson, Dunn & Crutcher LLP 555 Mission Street, Suite 3000 San Francisco, CA |
| 34 | Constitutional Law (Amicus curiae) Represented by Kevin Yeh Gibson, Dunn & Crutcher LLP 555 Mission Street, Suite 3000 San Francisco, CA |
| 35 | Constitutional Law (Amicus curiae) Represented by Ryan Paul McGinley-Stempel Gibson, Dunn & Crutcher LLP 555 Mission Street, Suite 3000 San Francisco, CA |
| 36 | Innocence Network (Amicus curiae) Represented by Brett Johnston Williamson O'Melveny & Myers LLP 610 Newport Center Drive #1700 Newport Beach, CA |
| 37 | Innocence Network (Amicus curiae) Represented by Anne M. Steinberg O'Melveny & Myers 610 Newport Center Drive, Suite 1700 Newport Beach, CA |
| 38 | Innocence Network (Amicus curiae) Represented by Alix R. Sandman O'Melveny & Myers LLP 610 Newport Center Drive, 17th Floor Newport Beach, CA |
| 39 | Innocence Network (Amicus curiae) Represented by Matthew T. Kline O'Melveny & Myers 1999 Avenue of the Stars Los Angeles, CA |
| 40 | Innocence Network (Amicus curiae) Represented by Susannah K. Howard O'Melveny & Myers LLP Two Embarcadero Center, 28th Floor San Francisco, CA |
| 41 | American Civil Liberties Union of Northern California (Amicus curiae) Represented by Brett Johnston Williamson O'Melveny & Myers LLP 610 Newport Center Drive, #1700 Newport Beach, CA |
| 42 | American Civil Liberties Union of Southern California (Amicus curiae) Represented by Brett Johnston Williamson O'Melveny & Myers LLP 610 Newport Center Drive, #1700 Newport Beach, CA |
| 43 | American Civil Liberties Union of San Diego and Imperial Counties (Amicus curiae) Represented by Brett Johnston Williamson O'Melveny & Myers LLP 610 Newport Center Drive, #1700 Newport Beach, CA |
| 44 | Habeas Corpus Resource Center (Amicus curiae) Represented by Michael J. Hersek Habeas Corpus Resource Center 303 Second Street, Suite 400 South San Francisco, CA |
| 45 | California Attorneys for Criminal Justice (Amicus curiae) Represented by Robert M. Sanger Sanger Swysen & Dunkle 125 East De La Guerra Street, Suite 102 Santa Barbara, CA |
| 46 | California Attorneys for Criminal Justice (Amicus curiae) Represented by Stephen Kerr Dunkle Sanger Swysen & Dunkle 125 East De La Guerra Street, Suite 102 Santa Barbara, CA |
| 47 | California Attorneys for Criminal Justice (Amicus curiae) Represented by Thomas H. Speedy Rice Clarke Johnston Thorp & Rice, APPC 1010 Second Avenue, Suite 1800 San Diego, CA |
| 48 | California Attorneys for Criminal Justice (Amicus curiae) Represented by Melissa Bobrow Law Office of Melissa Bobrow 1010 Second Avenue, Suite 1800 San Diego, CA |
| 49 | Death Penalty Focus (Amicus curiae) Represented by Robert M. Sanger Sanger Swysen & Dunkle 125 East De La Guerra Street, Suite 102 Santa Barbara, CA |
| 50 | Death Penalty Focus (Amicus curiae) Represented by Stephen Kerr Dunkle Sanger Swysen & Dunkle 02 East De La Guerra Suite 102 Santa Barbara, CA |
| 51 | Death Penalty Focus (Amicus curiae) Represented by Thomas H. Speedy Rice Clarke, Johnston Thorp & Rice, APPC 1010 Second Avenue, Sutie 1800 San Diego, CA |
| 52 | Death Penalty Focus (Amicus curiae) Represented by Melissa Bobrow Law Office of Melissa Bobrow 1010 Second Avenue, Suite 1800 San Diego, CA |
| 53 | Crime Victims United of California (Amicus curiae) Represented by Nina S. Ashford Crime Victims United of California 11400 Atwood Road Auburn, CA |
| 54 | Offices of the Federal Public Defenders for the Central and Eastern Districts of California (Amicus curiae) Represented by Hilary Lee Potashner Office of the Federal Public Defender Central District of California 321 East Second Street Los Angeles, CA |
| 55 | Offices of the Federal Public Defenders for the Central and Eastern Districts of California (Amicus curiae) Represented by Heather Erica Williams Office of the Federal Public Defender Eastern District of California 801 I Street, 3rd Floor Sacramento, CA |
| 56 | Orange County District Attorney (Amicus curiae) Represented by Holly Marie Woesner Office of the District Attorney P.O. Box 808 Santa Ana, CA |
| 57 | Association of Deputy District Attorneys for Los Angeles County, and Nine Other Associations (Amicus curiae) Represented by Michele A. Hanisee Los Angeles County District Attorney 555 West 5th Street, Suite 31101 Los Angeles, CA |
| 58 | California Attorneys, Administrative Law Judges and Hearing Officers in State Employment (CASE) (Amicus curiae) Represented by Patrick J. Whalen Law Offices of Brooks Ellison 1201 K Street, Suite 1960 Sacramento, CA |
| Disposition | |
| Aug 24 2017 | Opinion filed |
| Dockets | |
| Nov 9 2016 | Petition for writ of mandate/prohibition with request for stay filed Petitioner: Ron BriggsAttorney: Christina Marie Von Der Ahe Rayburn Petitioner: John Van de KampAttorney: Christina Marie Von Der Ahe Rayburn |
| Nov 9 2016 | Retained for consideration (mandate/prohibition) |
| Nov 16 2016 | Received: Amended proof of service for petition for writ of mandate. Ron Briggs, Petitioner Christina Marie Von Der Ahe Rayburn, Retained counsel John Van de Kamp, Petitioner Christina Marie Von Der Ahe Rayburn, Retained counsel |
| Nov 16 2016 | Received: Original verification for petition for writ of mandate. Ron Briggs, Petitioner Christina Marie Von Der Ahe Rayburn, Retained counsel John Van de Kamp, Petitioner Christina Marie Von Der Ahe Rayburn, Retained counsel |
| Nov 16 2016 | Order filed Because the petition for extraordinary relief in Briggs and Van de Kamp v. Brown et al. (S238309), filed on November 9, 2016, names the Judicial Council of California as a party, Chief Justice Tani Cantil-Sakauye, as Chair of the Judicial Council, and Associate Justice Ming Chin, as Vice-Chair of the Judicial Council, are disqualified from participating in the matter under Canon 3E(5)(e)(i) of the California Code of Judicial Ethics, and are hereby recused. |
| Nov 17 2016 | Application for stay denied The court is in receipt of the petition for extraordinary relief and request for immediate stay or injunctive relief filed by petitioners Ron Briggs and John Van de Kamp on November 9, 2016. To the extent petitioners seek to stay any action by the Secretary of State to certify the election results with respect to Proposition 66 on the November 8, 2016 ballot, that stay request is denied. The request for a stay of enforcement of Proposition 66 before the election results are certified (Elec. Code § 15501, subd. (b)), is denied as unnecessary. Petitioners may renew their motion for a stay or other relief if and when the certified results establish that Proposition 66 has been approved by the voters. Cantil-Sakauye, C.J., and Chin, J., were recused and did not participate. |
| Nov 17 2016 | Note: |
| Dec 19 2016 | Motion filed Motion for Leave to File Amended and Renewed Petition for Extraordinary Relief and [Proposed] Amended and Renewed Petition for Extraordinary Relief, Including Writ of Mandate and Request for Immediate Injunctive Relief. Ron Briggs, Petitioner Christina Marie Von Der Ahe Rayburn, Retained counsel -------------------------------------------------------------------------------- John Van de Kamp, Petitioner Christina Marie Von Der Ahe Rayburn, Retained counsel |
| Dec 19 2016 | Received: Amended and Renewed Petition for Extraordinary Relief, Including Writ of Mandate and Request for Immediate Injunctive Relief. Immediate Stay or Injunctive Relief Requested Preventing Enforcement of Proposition 66 Ron Briggs, Petitioner Christina Marie Von Der Ahe Rayburn, Retained counsel -------------------------------------------------------------------------------- John Van de Kamp, Petitioner Christina Marie Von Der Ahe Rayburn, Retained counsel |
| Dec 19 2016 | Exhibit(s) lodged Petitioners' Appendix of Exhibits in Support of Amended and Renewed Petition for Writ of Mandate and Request for Immediate Stay or Injunctive Relief. |
| Dec 19 2016 | Received: Petitioner's Motion for Judicial Notice in Support of Petition for Writ of Mandate. Ron Briggs, Petitioner Christina Marie Von Der Ahe Rayburn, Retained counsel -------------------------------------------------------------------------------- John Van de Kamp, Petitioner Christina Marie Von Der Ahe Rayburn, Retained counsel |
| Dec 20 2016 | Stay order filed Petitioners' "Motion for Leave to File Amended and Renewed Petition for Extraordinary Relief, " filed on December 19, 2016, is granted. The Clerk is directed to file the "Amended and Renewed Petition for Extraordinary Relief, " and "Petitioner's Motion for Judicial Notice in Support of Petition for Writ of Mandate, " received on December 19, 2016. In order to provide time for further consideration of the amended petition for writ of mandate and to permit the filing and consideration of papers in opposition to the petition, the implementation of all provisions of Proposition 66, approved by the voters on November 8, 2016, as certified by the Secretary of State on December 16, 2016, is hereby stayed. Respondents must serve and file their preliminary oppositions to the petition no later than January 9, 2017. Petitioners may serve and file a reply to the oppositions no later than January 23, 2017. Cantil-Sakauye, C.J., and Chin, J., were recused and did not participate. |
| Dec 20 2016 | Petition for writ of mandate/prohibition with request for stay filed Petitioner: Ron BriggsAttorney: Christina Marie Von Der Ahe Rayburn Petitioner: John Van de KampAttorney: Christina Marie Von Der Ahe Rayburn Amended and Renewed Petition for Extraordinary Relief, Including Writ of Mandate and Request for Immediate Injunctive Relief. Immediate Stay or Injunctive Relief Requested Preventing Enforcement of Proposition 66 |
| Dec 20 2016 | Request for judicial notice filed Petitioner: Ron BriggsAttorney: Christina Marie Von Der Ahe Rayburn Petitioner: John Van de KampAttorney: Christina Marie Von Der Ahe Rayburn Petitioner's Motion for Judicial Notice in Support of Petition for Writ of Mandate |
| Dec 20 2016 | Note: 12/20/2016 order faxed to all parties |
| Jan 9 2017 | Motion filed Motion to Intervene in Opposition to Petitioners' Petition Seeking Relief to Prevent Enforcement of Proposition 66. Declarations of Charles H. Bell, Kermit Alexander, McGregor W. Scott in Support of Motion to Intervene. Californians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66, Interveners. Kent S. Scheidegger, Retained counsel. |
| Jan 9 2017 | Received: Complaint in Intervention in Opposition to the Petitioners' Petition for Writ of Mandate. Californians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66, Interveners. Kent S. Scheidegger, Retained counsel. |
| Jan 9 2017 | Order filed Good cause appearing, pursuant to California Rules of Court, rule 8.68, the time in which to respond to the "Motion to Intervene in Opposition, " filed by Californians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66 on January 9, 2017, is shortened. Oppositions to the motion, if any, must be served and filed no later than 10 a.m. on January 13, 2017. Cantil-Sakauye, C.J. and Chin, J., were recused and did not participate. |
| Jan 9 2017 | Note: Jan. 9, 2017 order faxed to all parties. |
| Jan 9 2017 | Preliminary opposition to writ petition filed Respondent: Edmund G. Brown, Jr.Attorney: Jose Alfonso Zelidon-Zepeda Respondent: Kathleen A. KenealyAttorney: Jose Alfonso Zelidon-Zepeda |
| Jan 9 2017 | Preliminary opposition to writ petition filed Respondent: Judicial Council of CaliforniaAttorney: Jose Alfonso Zelidon-Zepeda |
| Jan 9 2017 | Received: Application for Leave to File Amicus Curiae Brief and (Proposed) Brief of Amicus Curiae in Opposition to Petition for Extraordinary Relief. By: David P. Mastagni, counsel for amicus curiae Peace Officers Research Association of California. |
| Jan 9 2017 | Received: Application for Permission to File Amicus Curiae Brief (And Brief) in Support of Respondents Jerry Brown, Governor of California, Kamala Harris, Attorney General of California, California's Judicial Council, and Does I-XX. By: Michele Hanisee, counsel for amicus curiae Association of Deputy District Attorneys for Los Angeles County, and Nine Other Associations Representing Deputy District Attorneys. |
| Jan 10 2017 | Received: Preliminary Opposition of Intervenor Californians to Mend, Not End, the Death Penalty - No On Prop. 62, Yes on Prop.66 to the Petition for Extraordinary Relief. By: Kent S. Scheidegger, Counsel |
| Jan 10 2017 | Received: Intervenor's Motion for Judicial Notice in Opposition to Petition for Writ of Mandate. By: Kent S. Scheidegger, counsel for Intervenors Californians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66. |
| Jan 12 2017 | Opposition filed Petitioner: Ron BriggsAttorney: Christina Marie Von Der Ahe Rayburn Petitioner: John Van de KampAttorney: Christina Marie Von Der Ahe Rayburn (Petitioners' Opposition to Motion to Intervene) |
| Jan 17 2017 | Received: Intervener's Reply to Petitioners' Opposition to Motion to Intervene. Supplemental Declaration of Charles H. Bell, Jr. in Support of Proposed Intervener's Reply. Intervener's Exhibits in Support of Charles H. Bell, Jr.'s Declaration. NOTE: (Court awaiting Application for Leave to File Reply to Petitioners' Opposition to Motion to Intervene) |
| Jan 18 2017 | Application filed For leave to File Reply to Petitioner's Opposition to Motion to InterveneCalifornians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66, Interveners. Terry J. Martin, Retained counsel. |
| Jan 23 2017 | Reply to preliminary opposition filed Petitioner: Ron BriggsAttorney: Christina Marie Von Der Ahe Rayburn Petitioner: John Van de KampAttorney: Christina Marie Von Der Ahe Rayburn |
| Feb 1 2017 | Order to show cause issued The court on its own motion substitutes Xavier Becerra, in his official capacity as Attorney General, as respondent in place of Kamala Harris, in her official capacity as former Attorney General. The "Application for Leave to File Reply to Petitioner's Opposition to Motion to Intervene Pursuant to Code of Civil Procedure 387(a), " filed on January 18, 2017, is granted. The Clerk is directed to file the reply, the supplemental declaration of Charles H. Bell, and the appendix of exhibits, all received on January 17, 2017. The "Motion to Intervene in Opposition to Petitioner's Petition Seeking Relief to Prevent Enforcement of Proposition 66, " filed by Californians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66 on January 9, 2017, is granted. The Clerk is directed to file the declarations in support of the motion and the "Complaint in Intervention in Opposition to the Petitioners' Petition for Writ of Mandate, " all received on January 9, 2017, and the "Preliminary Opposition of Intervenor Californians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66 to the Petition for Extraordinary Relief, " and "Intervenor's Motion for Judicial Notice in Opposition to Petition for Writ of Mandate, " both received on January 10, 2017. Petitioners' "Motion for Judicial Notice in Support of Petition for Writ of Mandate, " filed on December 20, 2016, is granted. The Clerk is directed to file the "Petitioner's Appendix of Exhibits, " received on December 20, 2016. Intervenor's "Motion for Judicial Notice in Opposition to Petition for Writ of Mandate, " filed on January 13, 2017, is granted. Jerry Brown, Governor of the State of California, Xavier Becerra, Attorney General of California, and the Judicial Council of California are ordered to show cause before this court, when the matter is called on calendar, why the relief sought by petitioners should not be granted. The implementation of all provisions of Proposition 66 is hereby stayed pending the court's decision in this matter. (People ex rel. S.F. Bay etc. Com. v. Town of Emeryville (1968) 69 Cal.2d 533, 537.) Respondents' and Intervenor's returns must be served and filed on or before February 27, 2017. Petitioners may serve and file a reply to the returns on or before March 20, 2017. Any application to file an amicus curiae brief, accompanied by the proposed brief, must be served and filed on or before March 30, 2017. Any reply to an amicus brief must be served and filed on or before April 6, 2017. The court does not anticipate granting any extensions of time regarding the due dates set forth above. Cantil-Sakauye, C.J., and Chin , J., were recused and did not participate. Votes: Corrigan, A.C.J., Werdegar, Liu, Cuéllar and Kruger, JJ. |
| Feb 1 2017 | Filed: Intervener's Reply to Petitioners' Opposition to Motion to Intervene Californians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66, Interveners. Terry J. Martin, Retained counsel. (See Feb. 1, 2017 Order) |
| Feb 1 2017 | Filed: Supplemental Declaration of Charles H. Bell, Jr. in Support of the Proposed intervener's Reply to Petitioners' Opposition to Motion to Intervene. Californians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66, Interveners. Terry J. Martin, Retained counsel. (See Feb. 1, 2017 Order) |
| Feb 1 2017 | Filed: Interveners' Appendix of Exhibits in Support of Charles H. Bell, Jr.'s Declaration in Support of the Proposed Intervener's Reply to Petitioners' Opposition to Motion to Intervene. Californians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66, Interveners. Terry J. Martin, Retained counsel. (See Feb. 1, 2017 Order) |
| Feb 1 2017 | Filed: Complaint in Intervention in Opposition to the Petitioners' Petition for Writ of Mandate. Declaration of Charles H. Bell, Jr. in Support of Motion to Intervene. Declaration of Kermit Alexander in Support of Motion to Intervene. Declaration of McGregor W. Scott in Support of Motion to Intervene. Californians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66, Interveners. Kent S. Scheidegger, Retained counsel. (See Feb. 1, 2017 Order.) |
| Feb 1 2017 | Filed: Preliminary Opposition of Intervenor Californians to Mend, Not End, the Death Penalty-No on Prop. 62, Yes on Prop. 66 to the Petition for Extraordinary Relief. Californians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66, Interveners. Kent S. Scheidegger, Retained counsel. (See Feb. 1, 2017 Order.) |
| Feb 1 2017 | Request for judicial notice filed Intervener: Californians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66Attorney: Kent S. Scheidegger (Intervenor's Motion for Judicial Notice in Opposition to Petition for Writ of Mandate.) (See Feb. 1, 2017 Order.) |
| Feb 2 2017 | Order filed The order filed on February 1, 2017, is hereby amended in part as follows. Paragraph Four is amended to read in its entirety: Petitioners' "Motion for Judicial Notice in Support of Petition for Writ of Mandate, " filed on December 20, 2016, is granted. The Clerk is directed to file the "Petitioner's Appendix of Exhibits, " lodged on December 19, 2016. Paragraph Five is amended to read in its entirety: Intervenor's "Motion for Judicial Notice in Opposition to Petition for Writ of Mandate" is granted. Cantil-Sakauye, C.J., and Chin, J., are recused and did not participate. |
| Feb 27 2017 | Written return filed Respondent: Edmund G. Brown, Jr.Attorney: Jose Alfonso Zelidon-Zepeda Respondent: Xavier BecerraAttorney: Jose Alfonso Zelidon-Zepeda |
| Feb 27 2017 | Written return filed Respondent: Judicial Council of CaliforniaAttorney: Jose Alfonso Zelidon-Zepeda |
| Mar 1 2017 | Received: Intervenor's Return to Order to Show Cause Californians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66, Intervener Charles H. Bell, Retained counsel (Untimely; to court for permission to file.) |
| Mar 1 2017 | Written return filed Intervener: Californians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66Attorney: Charles H. Bell (Filed With Permission) |
| Mar 20 2017 | Request for extension of time filed To File Replies to Amicus BriefsCalifornians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66, Intervener Kent S. Scheidegger, Retained counsel |
| Mar 20 2017 | Traverse filed Petitioner: Ron BriggsAttorney: Christina Marie Von Der Ahe Rayburn Petitioner: John Van de KampAttorney: Christina Marie Von Der Ahe Rayburn "Further Reply in Support of Petition for Extraordinary Relief." |
| Mar 20 2017 | Received: Motion for Judicial Notice John Van de Kamp, Petitioner Ron Briggs, Petitioner Christina Marie Von Der Ahe Rayburn, Retained counsel (Missing Proof of Service) |
| Mar 21 2017 | Received: Proof of Service for Petitioner's Motion for Judicial Notice |
| Mar 21 2017 | Request for judicial notice filed Petitioner: Ron BriggsAttorney: Christina Marie Von Der Ahe Rayburn Petitioner: John Van de KampAttorney: Christina Marie Von Der Ahe Rayburn |
| Mar 22 2017 | Extension of time denied The application of interveners filed on March 20, 2017, for an extension of time to file replies to amicus briefs, is denied. Please be advised that the provisions of rule 8.25(b)(3) of California Rules of Court do not apply. (See California Rules of Court, rule 8.25(b)(4).) |
| Mar 27 2017 | Application to file amicus curiae brief filed 1) By Michelle Hribar, counsel for amicus curiae Los Angeles County Professional Peace Officers Association, in support of respondents. (Application contained within brief) |
| Mar 30 2017 | Application to file amicus curiae brief filed 2) By Justin Dela Cruz, counsel for amicus curiae California Correctional Peace Officers Association, in support of respondents. (Application contained within brief.) |
| Mar 30 2017 | Application to file amicus curiae brief filed 3) By Mark Zahner, counsel for amicus curiae California District Attorneys Association, in support of respondents. (Application contained within brief.) |
| Mar 30 2017 | Application to file amicus curiae brief filed 4) By Theano Evangelis, counsel for Constitutional Law, in support of petitioners. (Application contained within brief.) |
| Mar 30 2017 | Application to file amicus curiae brief filed 5) By Brett J. Williamson, counsel for amici curiae The Innocence Network, American Civil Liberties Union of Northern California, American Civil Liberties Union of Southern California, and American Civil Liberties Union of San Diego and Imperial Counties, in support of petitioners. (Application contained within brief.) |
| Mar 30 2017 | Application to file amicus curiae brief filed 6) By Michael Hersek, counsel for amicus curiae Habeas Corpus Resource Center, in support of petitioners. (Application contained within brief.) |
| Mar 30 2017 | Filed: Letter, dated March 24, 2017, from Ms. Von der Ahe Rayburn, counsel for petitioners, informing the court of the death of petitioner John Van de Kamp. |
| Mar 30 2017 | Application to file amicus curiae brief filed 7) By Robert Sanger, counsel for amicus curiae California Attorneys for Criminal Justice, and Thomas Speedy Rice for amicus curiae Death Penalty Focus, in support petitioners. (Application contained within brief.) |
| Mar 30 2017 | Application to file amicus curiae brief filed 8) By Nina Besselman, counsel for amicus curiae Crime Victims United of California, in support of respondents. (Application contained within brief.) |
| Mar 30 2017 | Application to file amicus curiae brief filed 9) Offices of the Federal Public Defenders for the Central and Eastern Districts of California, in support of petitioners. (Brief under separate cover.) |
| Mar 30 2017 | Application to file amicus curiae brief filed 10) Orange County District Attorney, in support of respondents and intervener. (Application contained within brief.) |
| Mar 30 2017 | Application to file amicus curiae brief filed 11) By Michele Hanisee, counsel for Association of Deputy District Attorneys for Los Angeles County, and Nine Other Associations, in support of respondents. (Application contained within brief.) |
| Mar 30 2017 | Permission to file amicus curiae brief granted The application of California Attorneys for Criminal Justice and Death Penalty Focus for permission to file an amicus curiae brief in support of petitioners is hereby granted. (See Cal. Rules of Court, rule 8.520(f).) |
| Mar 30 2017 | Amicus curiae brief filed Amicus curiae: California Attorneys for Criminal JusticeAttorney: Robert M. Sanger Amicus curiae: Death Penalty Focus |
| Mar 30 2017 | Permission to file amicus curiae brief granted The application of Los Angeles County Professional Peace Officers Association for permission to file an amicus curiae brief in support of respondents is hereby granted. (See Cal. Rules of Court, rule 8.520(f).) |
| Mar 30 2017 | Amicus curiae brief filed Amicus curiae: Los Angeles County Professional Peace Officers AssociationAttorney: Dennis J. Hayes |
| Mar 30 2017 | Permission to file amicus curiae brief granted The application of Crime Victims United of California for permission to file an amicus curiae brief in support of respondents is hereby granted. (See Cal. Rules of Court, rule 8.520(f).) |
| Mar 30 2017 | Amicus curiae brief filed Amicus curiae: Crime Victims United of CaliforniaAttorney: Nina S. Ashford |
| Mar 30 2017 | Permission to file amicus curiae brief granted The application of California Correctional Peace Officers Association for permission to file an amicus curiae brief in support of respondents is hereby granted. (See Cal. Rules of Court, rule 8.520(f).) |
| Mar 30 2017 | Permission to file amicus curiae brief granted The application of Offices of the Federal Public Defenders for the Central and Eastern Districts of California for permission to file an amicus curiae brief in support of petitioners is hereby granted. (See Cal. Rules of Court, rule 8.520(f).) |
| Mar 30 2017 | Amicus curiae brief filed Amicus curiae: Offices of the Federal Public Defenders for the Central and Eastern Districts of CaliforniaAttorney: Hilary Lee Potashner |
| Mar 30 2017 | Permission to file amicus curiae brief granted The application of Constitutional Law for permission to file an amicus curiae brief in support of petitioners is hereby granted. (See Cal. Rules of Court, rule 8.520(f).) |
| Mar 30 2017 | Amicus curiae brief filed Amicus curiae: Constitutional LawAttorney: Theano Diana Kapur Evangelis |
| Mar 30 2017 | Permission to file amicus curiae brief granted The application of The Innocence Network, American Civil Liberties Union of Northern California, American Civil Liberties Union of Southern California, and American Civil Liberties Union of San Diego and Imperial Counties for permission to file an amicus curiae brief in support of petitioners is hereby granted. (See Cal. Rules of Court, rule 8.520(f).) |
| Mar 30 2017 | Amicus curiae brief filed Amicus curiae: Innocence NetworkAttorney: Brett Johnston Williamson Amicus curiae: American Civil Liberties Union of Northern California Amicus curiae: American Civil Liberties Union of Southern California Amicus curiae: American Civil Liberties Union of San Diego and Imperial Counties |
| Mar 30 2017 | Permission to file amicus curiae brief granted The application of Habeas Corpus Resource Center for permission to file an amicus curiae brief in support of petitioners is hereby granted. (See Cal. Rules of Court, rule 8.520(f).) |
| Mar 30 2017 | Amicus curiae brief filed Amicus curiae: Habeas Corpus Resource CenterAttorney: Michael J. Hersek |
| Mar 30 2017 | Amicus curiae brief filed Amicus curiae: California Correctional Peace Officers AssociationAttorney: Justin Christopher Delacruz |
| Mar 30 2017 | Permission to file amicus curiae brief granted The application of Association of Deputy District Attorneys for Los Angeles County, and Nine Other Associations Representing Deputy District Attorneys for permission to file an amicus curiae brief in support of respondents is hereby granted. (See Cal. Rules of Court, rule 8.520(f).) |
| Mar 30 2017 | Amicus curiae brief filed Amicus curiae: Association of Deputy District Attorneys for Los Angeles County, and Nine Other AssociationsAttorney: Michele A. Hanisee |
| Mar 30 2017 | Permission to file amicus curiae brief granted The application of California District Attorneys Association for permission to file an amicus curiae brief in support of respondents is hereby granted. (See Cal. Rules of Court, rule 8.520(f).) |
| Mar 30 2017 | Amicus curiae brief filed Amicus curiae: California District Attorneys AssociationAttorney: Mark Louis Zahner |
| Mar 30 2017 | Permission to file amicus curiae brief granted The application of Orange County District Attorney for permission to file an amicus curiae brief in support of respondents and intervener is hereby granted. (See Cal. Rules of Court, rule 8.520(f).) |
| Mar 30 2017 | Amicus curiae brief filed Amicus curiae: Orange County District AttorneyAttorney: Holly Marie Woesner |
| Apr 3 2017 | Application to file amicus curiae brief filed By Patrick J. Whalen, counsel for amicus curiae California Attorneys, Administrative Law Judges and Hearing Offices in State Employment (CASE), in support of neither party. (Application contained within brief) (Filed pursuant to CRC 8.25(b)) |
| Apr 3 2017 | Order filed The above entitled matter is retitled as follows: RON BRIGGS, Petitioner, v. EDMUND G. BROWN, JR., as Governor, etc. et al., Respondents; CALIFORNIANS TO MEND, NOT TO END THE DEATH PENALTY, etc., Intervener. |
| Apr 3 2017 | Received: Letter received, dated March 24, 2017 from Christina Von der Ahe Rayburn, counsel for Petitioners informing the Court that Petitioner John Van de Kamp has passed away; March 14, 2017.(Duplicate. Refer to line 730) |
| Apr 6 2017 | Permission to file amicus curiae brief granted The application of California Attorneys, Administrative Law Judges and Hearing Officers in State Employment (CASE) for permission to file an amicus curiae brief is hereby granted. (See Cal. Rules of Court, rule 8.520(f).) |
| Apr 6 2017 | Amicus curiae brief filed Amicus curiae: California Attorneys, Administrative Law Judges and Hearing Officers in State Employment (CASE)Attorney: Patrick J. Whalen |
| Apr 6 2017 | Response to amicus curiae brief filed Respondent: Edmund G. Brown, Jr.Attorney: Jose Alfonso Zelidon-Zepeda Respondent: Xavier BecerraAttorney: Jose Alfonso Zelidon-Zepeda |
| Apr 6 2017 | Response to amicus curiae brief filed Petitioner: Ron BriggsAttorney: Christina Marie Von Der Ahe Rayburn |
| Apr 6 2017 | Response to amicus curiae brief filed Intervener: Californians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66Attorney: Kent S. Scheidegger |
| Apr 13 2017 | Justice pro tempore assigned Hon. Raymond J. Ikola Court of Appeal, Fourth Appellate District, Division Three |
| Apr 13 2017 | Justice pro tempore assigned Hon. Andrea L. Hoch Court of Appeal, Third Appellate District |
| May 8 2017 | Oral argument letter sent Dear Counsel: Please be advised that the court could set this case for argument within the next few months. Schedules showing the court's oral argument dates and locations for the next twelve months can be found at http://www.courts.ca.gov/supremecourt.htm by clicking on "calendars, " and then accessing the "Oral Argument Calendar Dates" documents. Any counsel who believes good cause exists to avoid scheduling oral argument for a particular date (including counsel who, before receiving this letter, have previously asked to avoid certain dates) should inform the court within 7 calendar days of receiving this letter with a detailed explanation for such cause. Thereafter, counsel must immediately update the court on an ongoing basis as additional conflicts constituting good cause may arise. Examples of conflicts previously found to constitute good cause to avoid scheduling argument on any particular date include significant health-related issues; prepaid and nonrefundable travel arrangements booked in advance of the court's notification regarding oral argument; and significant family events such as marriage. Examples of conflicts previously found not to constitute good cause include scheduled trial and hearing dates in lower courts; conflicting professional seminars, meetings, or conventions; and planned significant family events that do not conflict with the actual dates on which argument might be held. Once the court files an order setting this case for oral argument, that date will not be changed absent exceptional cause, such as a medical emergency. Immediately upon filing of the calendar setting this case for argument, the court will send counsel an email communication with (1) a copy of that document; (2) an appearance sheet, upon which counsel must provide the names of the attorney or attorneys who will present argument, along with further instructions governing any request to divide argument time; and (3) a general notice regarding appearance for oral argument before the court. If a party wishes to bring to the court's attention new authorities, new legislation, or other matters that were not available in time to be included in the party's brief on the merits, the party must comply with California Rules of Court, rules 8.630(d) and 8.520(d). |
| May 17 2017 | Case ordered on calendar To be argued on Tuesday, June 6, 2017, at 9:30 a.m., in Los Angeles. |
| May 18 2017 | Case ordered on calendar To be argued on Tuesday, June 6, 2017, at 9:30 a.m., in Los Angeles. ** First amended calendar issued this date. Please note that People v. Page (Timothy Wayne), S230793 is to be called and continued to the September 2017 calendar. |
| May 22 2017 | Application filed Letter, dated May 19, 2017, from Isaac Stevens, counsel for Amicus Curiae Peace Officers Research Association of California, requesting Court to consider PORAC's application for leave to file amicus brief and proposed amicus brief submitted January 9, 2017. |
| May 23 2017 | Application filed Application to divide oral argument time. Californians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66, Intervener, Kent S. Scheidegger, Retained counsel. Edmund G. Brown, Jr., Respondent Jose Alfonso Zelidon-Zepeda, AG staff Xavier Becerra, Respondent Jose Alfonso Zelidon-Zepeda, AG staff Kathleen A. Kenealy, Respondent Jose Alfonso Zelidon-Zepeda, AG staff Judicial Council of California, Respondent Jose Alfonso Zelidon-Zepeda, AG staff |
| May 24 2017 | Permission to file amicus curiae brief granted The application of Peace Officers Research Association of California for permission to file an amicus curiae brief is hereby granted. (See Cal. Rules of Court, rule 8.520(f).) |
| May 24 2017 | Amicus curiae brief filed Amicus curiae: Peace Officers Research Association of CaliforniaAttorney: Isaac Sean Stevens |
| May 24 2017 | Order filed The request of counsel for respondents in the above-referenced cause to allow two counsel to argue on behalf of respondents at oral argument is hereby granted. The request of respondents to allocate to Jose A. Zelidon-Zepeda 20 minutes and Kent S. Scheidegger 10 minutes of respondents' 30-minute allotted time for oral argument is granted. |
| Jun 1 2017 | Filed: "Petitioner's Corrected Request for Judicial Notice in Support of Further Reply in Support of Petition for Extraordinary Relief" Ron Briggs, Petitioner Christina Marie Von Der Ahe Rayburn, Retained counsel |
| Jun 1 2017 | Request for judicial notice granted The request for judicial notice, filed on March 21, 2017, is granted. |
| Jun 6 2017 | Cause argued and submitted |
| Jun 9 2017 | Supplemental briefing ordered The court requests that the parties serve and file supplemental letter briefs addressing the following question: Whether the authorization of an appeal to the Court of Appeal from the decision of a superior court on an initial capital habeas corpus petition (Pen. Code, § 1509.1, subd. (a)) conflicts with the grant of appellate jurisdiction to this court "when judgment of death has been pronounced" (Cal. Const., art. VI, § 11, subd. (a); see id., § 12, subd. (d)). Amici curiae that have filed briefs in this matter may also file supplemental briefs addressing the above question if they so choose. All initial briefs addressing the above question must be served and filed simultaneously on or before June 19, 2017. Any reply to the supplemental briefs must be served and filed on or before June 29, 2017. Counsel shall submit all supplemental briefs by e-mail to Jorge.Navarrete@jud.ca.gov, attaching the document as a PDF, followed by service and filing of hard copies. No extensions will be granted. The cause remains submitted as of June 7, 2017. Cantil-Sakauye, C.J., and Chin, J., were recused and did not participate. |
| Jun 12 2017 | Order filed The order filed on June 9, 2017, ordering supplemental briefing is amended in part as follows. Paragraph Two is amended as to the last sentence to read: The cause remains submitted as of June 6, 2017. |
| Jun 14 2017 | Supplemental brief filed Amicus curiae: Los Angeles County Professional Peace Officers AssociationAttorney: Dennis J. Hayes Attorney: Michelle Christina Hribar By Amicus Curiae Los Angeles County Professional Peace Officers Association. |
| Jun 16 2017 | Note: Mail returned and re-sent Supplemental briefing order to Stephen Kerr Dunkle, Counsel for Death Penalty Focus, Amicus curiae |
| Jun 19 2017 | Supplemental brief filed Intervener: Californians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66Attorney: Kent S. Scheidegger |
| Jun 19 2017 | Supplemental brief filed Amicus curiae: California Attorneys for Criminal JusticeAttorney: Robert M. Sanger Amicus curiae: Death Penalty FocusAttorney: Robert M. Sanger |
| Jun 19 2017 | Supplemental brief filed Amicus curiae: Constitutional LawAttorney: Theano Diana Kapur Evangelis |
| Jun 19 2017 | Supplemental brief filed Petitioner: Ron BriggsAttorney: Christina Marie Von Der Ahe Rayburn |
| Jun 19 2017 | Supplemental brief filed Respondent: Edmund G. Brown, Jr.Attorney: Jose Alfonso Zelidon-Zepeda Respondent: Xavier BecerraAttorney: Jose Alfonso Zelidon-Zepeda |
| Jun 19 2017 | Supplemental brief filed Amicus curiae: Peace Officers Research Association of CaliforniaAttorney: David P. Mastagni |
| Jun 20 2017 | Change of contact information filed for: Stephen Dunkle from 233 East Carrillo Street, Suite 102 to 125 East De La Guerra, |
| Jun 29 2017 | Reply to supplemental brief filed Intervener: Californians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66Attorney: Kent S. Scheidegger |
| Jun 29 2017 | Received: Supplemental Letter Brief of Amicus Curiae Habeas Corpus Resource Center. |
| Jun 29 2017 | Reply to supplemental brief filed Petitioner: Ron BriggsAttorney: Christina Marie Von Der Ahe Rayburn |
| Jun 29 2017 | Reply to supplemental brief filed Amicus curiae: Peace Officers Research Association of CaliforniaAttorney: David P. Mastagni |
| Jun 29 2017 | Reply to supplemental brief filed Respondent: Edmund G. Brown, Jr.Attorney: Jose Alfonso Zelidon-Zepeda Respondent: Xavier BecerraAttorney: Jose Alfonso Zelidon-Zepeda |
| Aug 23 2017 | Notice of forthcoming opinion posted To be filed on Thursday, August 24, 2017 at 10:00 a.m. |
| Aug 23 2017 | Order filed The order filed on April 3, 2017 amending the order title is corrected as follows: RON BRIGGS, Petitioner, v. EDMUND G. BROWN, JR., as Governor, etc. et al., Respondents; CALIFORNIANS TO MEND, NOT END, THE DEATH PENALTY, etc., Intervener. |
| Aug 24 2017 | Opinion filed We discharge the order to show cause, and deny the amended and renewed petition for a writ of mandate and injunctive relief. Majority Opinion by Corrigan, A. C. J. -- joined by Werdegar, Liu, Kruger, and Hoch*, JJ. Concurring Opinion by Liu, J. -- joined by Werdegar, Kruger, and Hoch*, JJ. Concurring and Dissenting Opinion by Cuéllar, J. -- joined by Ikola**, J. * Associate Justice of the Court of Appeal, Third Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. ** Associate Justice of the Court of Appeal, Fourth Appellate District, Division Three, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. |
| Sep 8 2017 | Rehearing petition filed Petitioner: Ron BriggsAttorney: Christina Marie Von Der Ahe Rayburn |
| Sep 11 2017 | 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 November 22, 2017, or the date upon which rehearing is either granted or denied, whichever occurs first. |
| Sep 18 2017 | Motion filed Californians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66, Intervener Kent S. Scheidegger, Retained counsel |
| Sep 18 2017 | Answer to rehearing petition filed Intervener: Californians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66Attorney: Kent S. Scheidegger |
| Oct 25 2017 | Rehearing denied; opinion modified ORDER MODIFYING OPINION, DENYING PETITION FOR REHEARING, AND DENYING AS MOOT THE MOTION TO VACATE OR MODIFY STAY FILED BY INTERVENER CALIFORNIANS TO MEND, NOT END, THE DEATH PENALTY THE COURT: The opinion in this matter filed August 24, 2017, and appearing at 3 Cal.5th 808, is modified as follows: On page 826 of the opinion, the sentence reading, "Physicians and other licensed health care professionals are protected against disciplinary proceedings for any actions authorized by statute" is modified to read, "Physicians and other licensed health care professionals are protected against disciplinary proceedings for any actions authorized by section 3604.3." On page 829 of the opinion, the phrase that reads "which provided for (1) postindictment preliminary hearings" is modified to read "which provided for (1) abolition of the right to postindictment preliminary hearings." These modifications do not affect the judgment. The petition for rehearing is denied. Pursuant to this court's order of September 11, 2017, extending the time for granting or denying rehearing, the decision in this matter is now final. The Motion to Vacate or Modify Stay filed by intervener Californians to Mend, Not End, the Death Penalty is denied as moot. |
| Oct 25 2017 | Letter sent to counsel: opinion now final |
| Briefs | |
| Mar 30 2017 | Amicus curiae brief filed Amicus curiae: Los Angeles County Professional Peace Officers AssociationAttorney: Dennis J. Hayes |
| Mar 30 2017 | Amicus curiae brief filed Amicus curiae: California Correctional Peace Officers AssociationAttorney: Justin Christopher Delacruz |
| Mar 30 2017 | Amicus curiae brief filed Amicus curiae: Association of Deputy District Attorneys for Los Angeles County, and Nine Other AssociationsAttorney: Michele A. Hanisee |
| Mar 30 2017 | Amicus curiae brief filed Amicus curiae: California District Attorneys AssociationAttorney: Mark Louis Zahner |
| Mar 30 2017 | Amicus curiae brief filed Amicus curiae: Offices of the Federal Public Defenders for the Central and Eastern Districts of CaliforniaAttorney: Hilary Lee Potashner |
| Mar 30 2017 | Amicus curiae brief filed Amicus curiae: California Attorneys for Criminal JusticeAttorney: Robert M. Sanger Amicus curiae: Death Penalty Focus |
| Apr 6 2017 | Response to amicus curiae brief filed Respondent: Edmund G. Brown, Jr.Attorney: Jose Alfonso Zelidon-Zepeda Respondent: Xavier BecerraAttorney: Jose Alfonso Zelidon-Zepeda |
| Mar 30 2017 | Amicus curiae brief filed Amicus curiae: Habeas Corpus Resource CenterAttorney: Michael J. Hersek |
| Mar 30 2017 | Amicus curiae brief filed Amicus curiae: Innocence NetworkAttorney: Brett Johnston Williamson Amicus curiae: American Civil Liberties Union of Northern California Amicus curiae: American Civil Liberties Union of Southern California Amicus curiae: American Civil Liberties Union of San Diego and Imperial Counties |
| May 24 2017 | Amicus curiae brief filed Amicus curiae: Peace Officers Research Association of CaliforniaAttorney: Isaac Sean Stevens |
| Apr 6 2017 | Response to amicus curiae brief filed Intervener: Californians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66Attorney: Kent S. Scheidegger |
| Apr 6 2017 | Amicus curiae brief filed Amicus curiae: California Attorneys, Administrative Law Judges and Hearing Officers in State Employment (CASE)Attorney: Patrick J. Whalen |
| Mar 30 2017 | Amicus curiae brief filed Amicus curiae: Crime Victims United of CaliforniaAttorney: Nina S. Ashford |
| Mar 30 2017 | Amicus curiae brief filed Amicus curiae: Orange County District AttorneyAttorney: Holly Marie Woesner |
| Mar 1 2017 | Written return filed Intervener: Californians to Mend, Not End, the Death Penalty - No on Prop. 62, Yes on Prop. 66Attorney: Charles H. Bell |
| Feb 27 2017 | Written return filed Respondent: Judicial Council of CaliforniaAttorney: Jose Alfonso Zelidon-Zepeda |
| Mar 30 2017 | Amicus curiae brief filed Amicus curiae: Constitutional LawAttorney: Theano Diana Kapur Evangelis |
| Feb 27 2017 | Written return filed Respondent: Edmund G. Brown, Jr.Attorney: Jose Alfonso Zelidon-Zepeda Respondent: Xavier BecerraAttorney: Jose Alfonso Zelidon-Zepeda |
| Apr 6 2017 | Response to amicus curiae brief filed Petitioner: Ron BriggsAttorney: Christina Marie Von Der Ahe Rayburn |
| Mar 20 2017 | Traverse filed Petitioner: Ron BriggsAttorney: Christina Marie Von Der Ahe Rayburn Petitioner: John Van de KampAttorney: Christina Marie Von Der Ahe Rayburn |
