People v. Carter

Filed 10/26/05

IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE,
Plaintiff and Respondent,
S023000
v.
DEAN PHILLIP CARTER,
San
Diego
County
Defendant and Appellant. )
Super.
Ct.
No.
90280


MODIFICATION OF OPINION

THE COURT:
The opinion in this case, filed on August 15, 2005, and appearing at 36
Cal.4th 1215, is modified as follows:
1.
On page 1270, within the paragraph continued from page 1269, the
clause “defendant’s motion to exclude other-crimes evidence involving the death
of Tok Kim, and the murders of Susan Knoll, Jillette Mills, and Bonnie Guthrie,
improperly was denied” is modified to read, “defendant’s motion to exclude other-
crimes evidence involving the death of Tok Kim, the murders of Susan Knoll,
Jillette Mills, and Bonnie Guthrie, and the rape of Jennifer S., improperly was
denied”; and
2.
At the end of the second full paragraph on page 1277, a new
footnote 41 is inserted containing the following text: “We also reject as meritless
defendant’s assertions of prosecutorial misconduct to the extent that they relate to
alleged instances of misconduct during voir dire, which defendant addresses in
connection with his penalty phase argument.” Inserting this footnote requires
renumbering of the subsequent footnotes in the opinion.
This modification does not affect the judgment.
Opinion Information
Date: Docket Number:
Wed, 10/26/2005 S023000M
Parties
1 Carter, Dean Phillip (Appellant)
Represented by Federal Public Defender - La
Brad D. Levenson / Amanda R. Touchton
321 East Second Street
Los Angeles, CA
2 The People (Respondent)
Represented by Attorney General - San Diego Office
Jeffrey J. Koch, Deputy Attorney General
P.O. Box 85266
San Diego, CA
Disposition
Aug 15 2005 Opinion: Affirmed
Dockets
Sep 9 1991 Judgment of death
Sep 19 1991 Filed cert. copy of Judgement of Death Rendered
9-9-91.
Sep 29 1991 Application for Extension of Time filed
By CSR Cathy Bell to Complete R.T.
Sep 29 1991 Application for Extension of Time filed
By CSR Donna Gebhart to Complete R.T.
Sep 29 1991 Application for Extension of Time filed
By CSR Duane Rankin to Complete R.T.
Sep 29 1991 Application for Extension of Time filed
By Csrs John Avery & David Daily to Complete R.T.
Sep 30 1991 Application for Extension of Time filed
By County Clerk to Complete C.T.
Oct 3 1991 Extension of Time application Granted
To Court Reporters To 11-28-91 To Complete R.T.
Oct 8 1991 Application for Extension of Time filed
By CSR Lynn Alexander to Complete R.T.
Oct 10 1991 Extension of Time application Granted
To County Clerk To 12-2-91 To Complete C.T.
Oct 11 1991 Extension of Time application Granted
To Court Reporter To 10-30-91 To Complete R.T.
Mar 18 1994 Counsel appointment order filed
Upon request of appellant for appointment of counsel, Phillip H. Cherney, Esq., is hereby appointed to represent appellant on his automatic appeal now pending in this court, including any related habeas proceedings.
Apr 11 1994 Application for Extension of Time filed
By Applt to request correction of Record.
Apr 13 1994 Extension of Time application Granted
To Applt To 6-16-94 To request Corr. of Record.
Apr 20 1994 Compensation awarded counsel
Jun 17 1994 Application for Extension of Time filed
By Applt to request correction of Record.
Jun 22 1994 Extension of Time application Granted
To Applt To 8-15-94 To request Corr. of Record.
Aug 15 1994 Application for Extension of Time filed
By Applt to request correction of Record.
Aug 16 1994 Extension of Time application Granted
To Applt To 10-14-94 To request Corr. of Record.
Sep 8 1994 Change of Address filed for:
Atty Phillip H. Cherney.
Oct 17 1994 Application for Extension of Time filed
By Applt to request correction of the Record.
Oct 18 1994 Extension of Time application Granted
To Applt To 12-13-94 To request Corr. of Record.
Dec 13 1994 Application for Extension of Time filed
By Applt to request correction of the Record.
Dec 14 1994 Extension of Time application Granted
To Applt To 2-14-95 To request Corr. of Record.
Feb 15 1995 Application for Extension of Time filed
By Applt to request correction of Record.
Feb 16 1995 Extension of Time application Granted
To Applt To 4-17-95 To request Corr. of Record.
Apr 17 1995 Application for Extension of Time filed
By Applt to request correction of Record.
Apr 18 1995 Extension of Time application Granted
To Applt To 6-16-95 To request Corr. of Record.
Jun 16 1995 Application for Extension of Time filed
By Applt to request correction of Record.
Jun 19 1995 Extension of Time application Granted
To Applt To 8-15-95 To request Corr. of Record.
Aug 15 1995 Application for Extension of Time filed
By Applt to request correction of Record.
Aug 17 1995 Extension of Time application Granted
To Applt To 10-16-95 To request Corr. of Record.
Oct 16 1995 Application for Extension of Time filed
By Applt to request correction of Record.
Oct 17 1995 Extension of Time application Granted
To Applt To 12-15-95 To request Corr. of Record.
Dec 15 1995 Application for Extension of Time filed
By Applt to request correction of the Record.
Dec 15 1995 Extension of Time application Granted
To Applt To 2-13-96 To request Corr. of Record.
Feb 15 1996 Application for Extension of Time filed
By Applt to request correction of Record
Feb 16 1996 Extension of Time application Granted
To April 15,1996 To request correction of the Record on Appeal.Counsel for Applt Is Ordered To Notify the Clerk of the Supreme Court in Writing As Soon As the Act As to which the Court has granted an Extention of time has been Completed.
Apr 16 1996 Application for Extension of Time filed
By Applt to request correction of the Record.
Apr 22 1996 Extension of Time application Granted
To Applt To 6-14-96 To request Corr. of Record.
Jun 12 1996 Application for Extension of Time filed
By Applt to request correction of the Record.
Jun 13 1996 Extension of Time application Granted
To Applt To 8-13-96 To request Corr. of Record. no further Extensions of time Are Contemplated.
Aug 12 1996 Received copy of appellant's record correction motion
Application to Provide Sealed Transcripts and to Augment, Correct and Settle the Record on Appeal. (27 pp. excluding attachments).
Aug 21 1996 Compensation awarded counsel
Mar 17 1997 Record on appeal filed
C-17 (3,397 Pp.) and R-109 (10,173 Pp.) (Includes Sealed Material). Clerk's Transcript includes 578 pages of Juror Questionnaires.
Mar 17 1997 Appellant's opening brief letter sent, due:
4-28-97.
Mar 19 1997 Compensation awarded counsel
Apr 25 1997 Application for Extension of Time filed
To file Aob.
Apr 29 1997 Extension of Time application Granted
To 6-27-97 To file Aob.
Jun 26 1997 Application for Extension of Time filed
To file Aob.
Jun 27 1997 Extension of Time application Granted
To 8-26-97 To file Aob.
Aug 25 1997 Application for Extension of Time filed
To file Aob.
Aug 27 1997 Extension of Time application Granted
To 10-27-97 To file Aob.
Oct 27 1997 Application for Extension of Time filed
By Applt to file AOB
Oct 28 1997 Extension of Time application Granted
To December 29, 1997 To file AOB
Dec 29 1997 Application for Extension of Time filed
To file Aob.
Dec 30 1997 Extension of Time application Granted
To 2-27-98 To file Aob.
Feb 26 1998 Application for Extension of Time filed
To file Aob.
Mar 3 1998 Extension of Time application Granted
To 4-28-98 To file Aob.
Apr 27 1998 Application for Extension of Time filed
To file Aob.
Apr 28 1998 Extension of Time application Granted
To 6-29-98 To file AOB
Jun 26 1998 Application for Extension of Time filed
To file Aob.
Jul 2 1998 Extension of Time application Granted
To 8-28-98 To file AOB
Aug 28 1998 Application for Extension of Time filed
To file Aob.
Aug 28 1998 Extension of Time application Granted
To 10-27-98 To file Aob.
Oct 26 1998 Application for Extension of Time filed
To file Aob.
Nov 2 1998 Filed:
Suppl Decl of Phillip Cherney in support of request for Eot.
Nov 3 1998 Extension of Time application Granted
To 12-28-98 To file Aob.
Dec 28 1998 Application for Extension of Time filed
To file AOB
Jan 6 1999 Extension of Time application Granted
To 2-26-99 To file AOB
Feb 26 1999 Application for Extension of Time filed
To file Aob.
Mar 3 1999 Extension of Time application Granted
On the representation of Counsel Phillip H Cherney that He Anticipates filing Applt's Opening brief in this Matter "by the End of June,1999," the Request for Extension of time in which to file AOB Is granted to 4-27-99.Only one Additional Extension of time Is Contemplated in this Matter.
Apr 26 1999 Application for Extension of Time filed
To file Aob.
Apr 29 1999 Extension of Time application Granted
Based Upon Counsel's representation that He [Does] not Anticipate Any other Responsibilities Will Interfere with [His] Ability to Complete and file An Opening brief in this case by the End of June 1999,the time for filing AOB Is extended to and Including 6-30-99. No further Extensions of time will be granted
Jun 30 1999 Filed:
Applt's Applic. for Leave to file Oversized Aob. (AOB submitted Under Separate Cover.)
Jul 2 1999 Order filed:
The Application of Appellant for Leave to file an Oversized Appellant's Opening brief Is Granted.
Jul 2 1999 Appellant's opening brief filed
(382 Pp)
Jul 7 1999 Compensation awarded counsel
Jul 23 1999 Application for Extension of Time filed
To file Resp's brief.
Jul 28 1999 Extension of Time application Granted
To 9-30-99 To file Respondent's brief
Sep 24 1999 Application for Extension of Time filed
To file Resp's brief.
Sep 28 1999 Extension of Time application Granted
To 11/29/99 To file Resp's brief.
Nov 23 1999 Application for Extension of Time filed
To file Resp's brief.
Nov 30 1999 Extension of Time application Granted
To 12/29/99 To file Resp's brief.
Dec 23 1999 Application for Extension of Time filed
To file Resp's brief.
Jan 4 2000 Extension of Time application Granted
To 1/28/2000 To file Resp's brief.
Jan 26 2000 Respondent's brief filed
(209 Pps.)
Feb 3 2000 Compensation awarded counsel
Atty Cherney
Feb 14 2000 Application for Extension of Time filed
To file reply brief.
Feb 18 2000 Extension of Time application Granted
To 4/17/2000 To file reply brief.
Apr 17 2000 Application for Extension of Time filed
To file reply brief.
Apr 18 2000 Extension of Time application Granted
To 6/16/2000 To file reply brief.
May 12 2000 Compensation awarded counsel
Atty Cherney
Jun 16 2000 Application for Extension of Time filed
To file reply brief.
Jun 22 2000 Extension of Time application Granted
To 8/15/2000 To file reply brief.
Aug 14 2000 Application for Extension of Time filed
To file reply brief. (4th request)
Aug 14 2000 Counsel's status report received (confidential)
Aug 16 2000 Extension of Time application Granted
To 10/16/2000 to file reply brief.
Aug 22 2000 Compensation awarded counsel
Atty Cherney
Oct 16 2000 Application for Extension of Time filed
To file reply brief. (5th request)
Oct 24 2000 Extension of Time application Granted
To 12/15/2000 to file reply brief.
Dec 12 2000 Application for Extension of Time filed
To file reply brief. (6th request)
Dec 14 2000 Extension of Time application Granted
To 1/16/2001 to file reply brief.
Dec 22 2000 Application to file over-length brief filed
To file reply brief.
Dec 28 2000 Filed:
confidential declaration of counsel.
Jan 3 2001 Order filed:
Applt's application for leave to file applt's reply brief in excess of 140 pages is granted.
Jan 3 2001 Appellant's reply brief filed
(175 pages)
Jan 5 2001 Compensation awarded counsel
Atty Cherney
Jan 10 2001 Compensation awarded counsel
Atty Cherney
Feb 20 2001 Counsel's status report received (confidential)
Apr 16 2001 Related habeas corpus petition filed (concurrent)
case no. S096874.
Apr 16 2001 Habeas funds request filed (confidential)
Apr 23 2001 Compensation awarded counsel
Atty Cherney
Sep 12 2001 Order filed re habeas funds request (confidential)
Dec 4 2001 Compensation awarded counsel
Atty Cherney
Dec 19 2001 Compensation awarded counsel
Atty Cherney
Mar 23 2005 Oral argument letter sent
advising counsel that case could be scheduled for oral argument as early as the late May calendar, to be held the week of May 23, 2005, in San Francisco. 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.
May 3 2005 Case ordered on calendar
5/24/05, 1:30pm, S.F.
May 13 2005 Filed letter from:
respondent, dated 5/12/2005, re focus issues for oral argument.
May 16 2005 Filed letter from:
appellant, dated 5-13-2005, with focus issues for oral argument.
May 18 2005 Received:
letter from respondent, dated 5-16-2005, with additional authorities. (2 pp.)
May 19 2005 Filed:
supplemental proof of service of appellant's focus issue letter filed 5-16-2005.
May 20 2005 Received:
letter from appellant, dated 5-18-2005, with additional authority. (1 pp.)
May 24 2005 Cause argued and submitted
May 26 2005 Compensation awarded counsel
Atty Cherney
Aug 15 2005 Opinion filed: Judgment affirmed in full
Majority Opinion by George, C.J. -----joined by Kennard, Baxter, Werdegar, Chin & Moreno, JJ.
Aug 30 2005 Rehearing petition filed
by appellant. (1614 words; 7 pp.)
Sep 6 2005 Time extended to consider modification or rehearing
to 11/3/2005, or the date upon which rehearing is either granted or denied, whichever occurs first.
Oct 26 2005 Opinion modified - no change in judgment
Oct 26 2005 Rehearing denied
Opinion modified. Petition for rehearing DENIED.
Oct 26 2005 Remittitur issued (AA)
Nov 3 2005 Order filed (150 day statement)
Nov 7 2005 Received:
acknowledgment of receipt of remittitur.
Feb 15 2006 Received:
letter from U.S.S.C., dated January 25, 2006, advising petition for writ of certiorari filed on January 21, 2006 and placed on docket January 25, 2006 as No. 05-8814.
Feb 24 2006 Received:
copy of brief in opposition to petiton for writ of certiorari. (17 pp. - excluding attachments)
Apr 3 2006 Certiorari denied by U.S. Supreme Court
Jun 22 2007 Related habeas corpus petition filed (post-judgment)
case no. S153780
Sep 5 2007 Motion to withdraw as counsel filed
by atty Cherney.
Sep 5 2007 Motion for appointment of counsel filed
by the Federal Public Defender.
Sep 12 2007 Exhibit(s) filed (AA)
Exhibit A filed in support of appellant's motion for appointment of counsel by the Federal Public Defender.
Sep 18 2007 Filed:
supplemental proof of service re: Exhibit A Federal Public Defender Amanda R. Touchton
Sep 25 2007 Withdrawal of counsel allowed by order
Good cause appearing, the application of appointed counsel for permission to withdraw as attorney of record for condemned prisoner Dean Phillip Carter, filed September 5, 2007, is granted. The order appointing Phillip H. Cherney as counsel of record for condemned prisoner Dean Phillip Carter, filed March 18, 1994, is hereby vacated. The Federal Public Defender for the Central District of California is hereby appointed attorney of record for condemned prisoner Dean Phillip Carter. Counsel is appointed for purposes of all postconviction proceedings in this court, and for subsequent proceedings, including the preparation and filing of a petition for clemency with the Governor of California, as appropriate.
Briefs
Jul 2 1999 Appellant's opening brief filed
Jan 26 2000 Respondent's brief filed
Jan 3 2001 Appellant's reply brief filed

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