Filed 10/27/04
SUPREME COURT OF CALIFORNIA
THE PEOPLE,
Plaintiff and Respondent,
S011960
v.
San Bernardino County
CYNTHIA LYNN COFFMAN and
JAMES GREGORY MARLOW,
Super. Ct. No. SCR-45400
)
)
MODIFICATION OF OPINION
Defendants and Appellants.
THE
COURT:
The opinion herein, appearing at 34 Cal.4th 1, is modified as follows:
In 34 Cal.4th at page 58, the second sentence of the first full paragraph is
modified by inserting the phrase “joined by Coffman” after the word “Marlow.”
As a result of the modification, the sentence would read:
“Marlow, joined by Coffman, contends his November 14 statement was
involuntary because . . . .”
This modification does not affect the judgment.
Date: | Docket Number: |
Wed, 10/27/2004 | S011960M |
1 | The People (Respondent) Represented by Attorney General - San Diego Office Pamela Ratner, Deputy Attorney General P.O. Box 85266 San Diego, CA |
2 | Coffman, Cynthia Lynn (Appellant) Represented by Habeas Corpus Resource Center 50 Fremont Street, Suite 1800 50 Fremont Street, Suite 1800 San Francisco, CA |
3 | Coffman, Cynthia Lynn (Appellant) Represented by William J. Kopeny William J. Kopeny & Associates 16485 Laguna Canyon Rd., Suite 230 Irvine, CA |
4 | Coffman, Cynthia Lynn (Appellant) Represented by Albert A. Newton Law Offices Of John D. Barnett One City Boulevard West, Suite 308 Orange, CA |
5 | Marlow, James Gregory (Appellant) Represented by Eric Stephen Multhaup Law Offices of Fischer & Multhaup 20 Sunnyside Ave., Suite A Mill Valley, CA |
6 | Marlow, James Gregory (Appellant) Represented by Barry L. Morris Attorney at Law 1260 B St., Suite 220 Hayward, CA |
7 | Marlow, James Gregory (Appellant) Represented by Chuck Nacsin Attorney at Law 350 West 5th Street, Suite 101 San Bernardino, CA |
Disposition | |
Aug 19 2004 | Opinion: Affirmed |
Dockets | |
Aug 31 1989 | Judgment of death |
Sep 11 1989 | Filed certified copy of Judgment of Death Rendered on 8-31-89 for appellant Cynthia Lynn Coffman. |
Sep 11 1989 | Filed certified copy of Judgment of Death Rendered on 8-31-89 for appellant James Gregory Marlow. |
Oct 30 1989 | Filed: amended commitment judgment of death for Cynthia Lynn Coffman. |
Jan 18 1990 | Counsel appointment order filed Upon request of appellant for appointment of counsel, William J. Kopeny, Esq., is hereby appointed to represent appellant (Coffman) on her automatic appeal now pending in this court. |
Jan 18 1990 | CAP CONFLICT EXISTS CAP HAS A CONFLICT OF INTEREST AS TO APPELLANT MARLOW. |
Jun 29 1990 | Application for Extension of Time filed By Applt Coffman to request correction of Record. |
Jul 2 1990 | Extension of Time application Granted To Applt Coffman To 9-4-90 To request correction of Record. |
Sep 4 1990 | Application for Extension of Time filed By Applt Coffman to request correction of Record. |
Sep 7 1990 | Extension of Time application Granted To Applt Coffman To 11-15-90 To request correction of Record. |
Nov 14 1990 | Application for Extension of Time filed By Applt to request correction of Record. |
Nov 19 1990 | Extension of Time application Granted To Applt Coffman To 1-14-91 To request correction of Record. |
Jan 11 1991 | Application for Extension of Time filed By Applt Coffman to request correction of Record. |
Jan 16 1991 | Extension of Time application Granted To Applt Coffman To 3-15-91 To request correction of Record. |
Mar 15 1991 | Application for Extension of Time filed By Applt Coffman to request correction of Record. |
Mar 29 1991 | Filed: Suppl Decl of William J. Kopeny in support of request for Ext. of Time. |
Apr 8 1991 | Extension of Time application Granted To Applt Coffman To 5-15-91 To request Corr. of Record. |
May 21 1991 | Received letter from: Atty Kopeny Advising that (Initial) request for correction Was filed with Superior Court 5-15-91. |
Aug 2 1991 | Change of Address filed for: Atty William J. Kopeny. |
Feb 3 1993 | Counsel appointment order filed Upon request of appellant James Gregory Marlow for appointment of counsel, Barry L. Morris, Esq., is hereby appointed to represent appellant Marlow on his automatic appeal now pending in this court, including any related habeas proceedings. |
Apr 23 1993 | Application for Extension of Time filed By Applt Marlow to request correction of Record. |
Apr 28 1993 | Extension of Time application Granted To Applt Marlow To 6-21-93 To request correction of Record. |
Jun 24 1993 | Application for Extension of Time filed By Applt Marlow to request correction of Record. |
Jun 28 1993 | Extension of Time application Granted To Applt Marlow To 8-20-93 To request Corr. of Record. |
Aug 24 1993 | Application for Extension of Time filed By Applt Marlow to request correction of Record. |
Aug 25 1993 | Extension of Time application Granted To Applt Marlow To 10-19-93 To request correction of Record. |
Oct 26 1993 | Application for Extension of Time filed By Applt Marlow to request correction of Record. |
Oct 27 1993 | Extension of Time application Granted To Applt Marlow To 12-20-93 To request correction of Record. |
Dec 28 1993 | Application for Extension of Time filed By Applt Marlow to request correction of Record. |
Dec 29 1993 | Extension of Time application Granted To Applt Marlow To 2-18-94 To request Corr. of Record. |
Jan 20 1994 | Compensation awarded counsel |
Mar 1 1994 | Application for Extension of Time filed By Applt Marlow to request correction of Record. |
Mar 2 1994 | Extension of Time application Granted To Applt Marlow To 5-3-94 To request correction of Record. no further Extensions of time Are Contemplated. |
May 4 1994 | Change of Address filed for: Atty Barry L. Morris. |
May 4 1994 | Application for Extension of Time filed By Applt Marlow to request correction of Record. |
May 5 1994 | Extension of Time application Granted To Applt Marlow To 7-5-94 To request Corr. of Record. no further Extensions of time will be Granted. |
Jul 5 1994 | Received: Copy of Applt Marlow's request for Additional Record, to Examine Sealed Transcripts & Exhibits & correct Record. |
Jul 13 1994 | Compensation awarded counsel |
Feb 22 1995 | Compensation awarded counsel (Atty Morris) |
Mar 14 1995 | Record on appeal filed C-18 (4,698 Pp.) and R-86 (14,358 Pp.); Clerk's Transcript include 1,415 pages of Juror Questionnaires. |
Mar 14 1995 | Appellant's opening brief letter sent, due: 4-24-95. |
Apr 24 1995 | Filed: Additional Record: 2 Vols. for Coffman (Sealed) - 521 Pp.; and 4 Vols. for Marlow (Sealed) - 963 Pp. |
Apr 24 1995 | Application for Extension of Time filed By Applt Marlow to file Aob. |
Apr 24 1995 | Extension of Time application Granted To Applt Marlow To 5-24-95 To file Aob. |
Apr 26 1995 | Application for Extension of Time filed By Applt Coffman to file Aob. |
May 2 1995 | Extension of Time application Granted To Applt Coffman To 5-24-95 To file Aob. |
May 24 1995 | Compensation awarded counsel |
May 24 1995 | Application for Extension of Time filed By Applt Coffman to file Aob. |
May 26 1995 | Extension of Time application Granted To Applt Coffman To 6-23-95 To file Aob. |
May 26 1995 | Application for Extension of Time filed By Applt Marlow to file Aob. |
May 26 1995 | Extension of Time application Granted To Applt Marlow To 6-23-95 To file Aob. |
Jun 23 1995 | Application for Extension of Time filed By Applt Marlow to file Aob. |
Jun 23 1995 | Application for Extension of Time filed By Applt Coffman to file Aob. |
Jun 27 1995 | Extension of Time application Granted To Applt Marlow To 7-24-95 To file Aob. |
Jun 28 1995 | Extension of Time application Granted To Applt Coffman To 7-24-95 To file Aob. |
Jul 21 1995 | Application for Extension of Time filed By Applt Coffman to file Aob. |
Jul 25 1995 | Application for Extension of Time filed By Applt Marlow to file Aob. |
Jul 26 1995 | Extension of Time application Granted To Applts Marlow and Coffman To 8-23-95 To file Aob. |
Aug 22 1995 | Application for Extension of Time filed By Applt Coffman to file Aob. |
Aug 23 1995 | Application for Extension of Time filed By Applt Marlow to file Aob. |
Aug 24 1995 | Extension of Time application Granted To Applt Marlow To 9-22-95 To file Aob. |
Aug 24 1995 | Filed: Suppl Declaration in support of Coffman's Applic. for Ext. of time to file Aob. |
Aug 25 1995 | Extension of Time application Granted To Applt Coffman To 9-22-95 To file Aob. |
Sep 25 1995 | Application for Extension of Time filed By Applt Marlow to file Aob. |
Sep 26 1995 | Extension of Time application Granted To Applt Marlow To 10-23-95 To file Aob. |
Sep 26 1995 | Application for Extension of Time filed By Applt Coffman to file Aob. |
Sep 27 1995 | Extension of Time application Granted To Applt Coffman To 10-23-95 To file Aob. |
Oct 23 1995 | Application for Extension of Time filed By Applt Coffman to file Aob. |
Oct 23 1995 | Motion filed By Applt Coffman for Additional Counsel on Appeal to Prepare H.C. Petn. |
Oct 23 1995 | Filed: Applt Marlow's request for Leave to file brief in Excess of 200 Pp. (AOB submitted Under Separate Cover) |
Oct 25 1995 | Order filed: Granting request of Applt Marlow for Leave to file AOB in Excess of 200 Pp. |
Oct 25 1995 | Appellant's opening brief filed by appellant MARLOW. (481 pp.) |
Oct 25 1995 | Extension of Time application Granted To Applt Coffman To 11-22-95 To file Aob. |
Oct 26 1995 | Compensation awarded counsel For Attorney Morris (Marlow) |
Nov 21 1995 | Compensation awarded counsel |
Nov 22 1995 | Application for Extension of Time filed By Applt Coffman to file Aob. |
Nov 27 1995 | Extension of Time application Granted To Applt Coffman To 12-22-95 To file Aob. |
Dec 13 1995 | Order filed: Upon request of appellant Cynthia Lynn Coffman and her counsel, William J. Kopeny, for appointment of associate counsel, Albert A. Newton is hereby appointed as associate counsel to represent appellant Cynthia Lynn Coffman on her automatic appeal now pending in this court, including any related habeas proceedings. |
Dec 22 1995 | Application for Extension of Time filed By Applt Coffman to file Aob. |
Dec 27 1995 | Extension of Time application Granted To Applt Coffman To 1-22-96 To file Aob. |
Jan 22 1996 | Application for Extension of Time filed By Applt Coffman to file Aob. |
Jan 23 1996 | Extension of Time application Granted To Applt Coffman To 2-21-96 To file Aob. |
Feb 21 1996 | Application for Extension of Time filed By Applt Coffman to file AOB |
Feb 22 1996 | Extension of Time application Granted To March 22,1996 To file AOB (Applt Coffman) |
Mar 22 1996 | Application for Extension of Time filed By Applt Coffman to file Aob. |
Mar 26 1996 | Extension of Time application Granted To Applt Coffman To 4-22-96 To file Aob. |
Apr 22 1996 | Application for Extension of Time filed By Applt Coffman to file Aob. |
Apr 23 1996 | Extension of Time application Granted To Applt Coffman To 5-22-96 To file Aob. |
May 22 1996 | Application for Extension of Time filed By Applt Coffman to file Aob. |
Jun 14 1996 | Filed: Decl of Albert Newton in support of Applic. for Eot to file Coffman's Aob. |
Jun 17 1996 | Extension of Time application Granted To Applt Coffman To 6-21-96 To file Aob. |
Jun 21 1996 | Application for Extension of Time filed By Applt Coffman to file Aob. |
Jun 27 1996 | Extension of Time application Granted To Applt Coffman To 7-22-96 To file Aob. |
Jul 25 1996 | Application for Extension of Time filed By Applt Coffman to file Aob. |
Jul 29 1996 | Extension of Time application Granted To Applt Coffman To 8-21-96 To file Aob. |
Aug 22 1996 | Application for Extension of Time filed By Applt Coffman to file Aob. |
Aug 27 1996 | Extension of Time application Granted To Applt Coffman To 9-20-96 To file Aob. |
Sep 25 1996 | Application for Extension of Time filed By Applt Coffman to file Aob. |
Sep 26 1996 | Extension of Time application Granted To Applt Coffman To 10-21-96 To file Aob. |
Oct 21 1996 | Application for Extension of Time filed By Applt Coffman to file Aob. |
Oct 22 1996 | Extension of Time application Granted To November 20,1996 To file AOB (Applt Coffman) |
Nov 21 1996 | Application for Extension of Time filed By Applt Coffman to file Aob. |
Nov 25 1996 | Extension of Time application Granted To Applt Coffman To 12-20-96 To file Aob. |
Dec 20 1996 | Application for Extension of Time filed By Applt Coffman to file Aob. |
Jan 6 1997 | Extension of Time application Granted To Applt Coffman To 1-21-97 To file Aob. |
Jan 21 1997 | Application for Extension of Time filed By Alplnt., Coffman to file Aob. |
Jan 28 1997 | Extension of Time application Granted To Applt Coffman To 2-20-97 To file Aob. |
Feb 10 1997 | Motion filed To Consolidate the Appeals and Habeas Petitions in Peo.V.Marlow (S026614) and Peo.V.Coffman and Marlow (S011960) |
Feb 18 1997 | Filed: By Respondent Opposition to motion to Consolidate the Appeals and Habeas Petitions in Peo.V.Marlow (S026614) and Peo.V. Coffman & Marlow (S011960) |
Feb 20 1997 | Application for Extension of Time filed Appellant Coffman to file Opening brief to 3-22-97. |
Feb 26 1997 | Extension of Time application Granted To Applt Coffman To March 24,1997 To file AOB |
Mar 24 1997 | Application for Extension of Time filed By Applt Coffman to file Aob. |
Apr 15 1997 | Filed: Further Declarations of William Kopeny and Albert Newton in support of Applic. for Ext. of time to file Aob. |
Apr 17 1997 | Extension of Time application Granted To Applt Coffman To 4-23-97 To file Aob. |
Apr 28 1997 | Application for Extension of Time filed By Applt Coffman to file Aob. |
May 19 1997 | Filed: Decl of Albert Newton in support of request for Eot. |
May 20 1997 | Extension of Time application Granted To Applt Coffman To 6-23-97 To file Aob. Any Future request for an Ext. of time Must be Supported by Declarations from Both Lead Counsel & Assoc. Counsel, & Shall be Served & filed before the Due Date. |
Jun 23 1997 | Change of Address filed for: Atty William J. Kopeny. |
Jun 23 1997 | Application for Extension of Time filed To file Aob. |
Jun 26 1997 | Extension of Time application Granted To Applt Coffman To 7-23-97 To file Aob. |
Jul 23 1997 | Application for Extension of Time filed By Applt Coffman to file Aob. |
Jul 28 1997 | Extension of Time application Granted To Applt Coffman To 8-22-97 To file Aob. |
Aug 22 1997 | Application for Extension of Time filed By Applt Coffman to file Aob. |
Aug 25 1997 | Extension of Time application Granted To Applt Coffman To 9-22-97 To file Aob. |
Sep 23 1997 | Application for Extension of Time filed By Applt Coffman to file Aob. |
Sep 24 1997 | Extension of Time application Granted To Applt Coffman To 10-22-97 To file Aob. |
Oct 24 1997 | Application for Extension of Time filed By Applt Coffman to file AOB |
Oct 28 1997 | Extension of Time application Granted To Applt Coffman To November 21,1997 To file AOB |
Nov 24 1997 | Application for Extension of Time filed By Applt Coffman to file Aob. |
Nov 26 1997 | Filed: Suppl Decl of William Kopeny in support of Applic. for Eot. |
Dec 2 1997 | Extension of Time application Granted to appellant Coffman to 12-31-97 to file AOB. This extension of time is based on the representation by lead counsel, William J. Kopeny, that the brief will be ready to file "by the end of January or the end of February," 1998. |
Jan 2 1998 | Application for Extension of Time filed By Applt Coffman to file Aob. |
Jan 6 1998 | Extension of Time application Granted To Applt Coffman To January 30,1998 To file AOB |
Feb 3 1998 | Application for Extension of Time filed By Applt Coffman to file Aob. |
Feb 18 1998 | Extension of Time application Granted To Applt Coffman To 3-2-98 To file Aob. no further Extensions of time will be Granted. |
Jun 10 1998 | Order filed: Appellant Cynthia Coffman's opening brief shall be filed on or before Wednesday, July 1, 1998. If the brief is not filed by that date, the court will consider issuance of an order directing counsel William J. Kopeny and Albert A. Newton to show cause before this court, when the matter is placed on calendar, why counsel should not be held in contempt of court and sanctions imposed for the delay in the appellate process occasioned by the 34 extensions of time to file the brief thus far granted. |
Jul 29 1998 | Order filed: In accordance with authority vested in this court under Code of Civil Procedure Section 1209, attorney William J. Kopeny, 8001 Irvine Center Drive, Irvine, CA 92618-2933, and attorney Albert A. Newton, One City Boulevard West, Suite 308, Orange, CA 92668, are ordered to show cause before this court on Sept. 9, 1998, at 10:00 am at its courtroom at 303 Second St., 4th Floor, South Tower, San Francisco, California, why they should not be held in contempt of court for the willful neglect of their duty to file appellant Coffman's opening brief in this case, which we previously ordered to be filed on or before July 1, 1998. The written return shall be filed with the court on or before August 7, 1998. (votes: George, CJ, Mosk, Kennard, Baxter, Werdegar and Chin, J.J.) |
Jul 31 1998 | Case Ordered on Calendar: 9-9-98, 10 am, S.F. (for OSC re contempt -- appellant Coffman's attorneys William Kopeny and Albert Newton) |
Aug 7 1998 | Filed: Written Return to OSC on contempt By Attys Kopeny and Newton. |
Aug 12 1998 | Filed: Proof of Service of Return. |
Sep 1 1998 | Motion filed By Applt Coffman for Relief from Default (to file Aob.) |
Sep 1 1998 | Motion filed By Applt Coffman to file AOB in Excess of page Limit (brief submitted Under Separate Cover). |
Sep 2 1998 | Order filed: The order to show cause, issued July 29, 1998, is hereby discharged. (votes: George, C.J., Mosk, Kennard, Baxter, Werdegar, Chin & Brown, J.J.) |
Sep 4 1998 | Order filed: Appellant Coffman's motion for relief from default and motion to file appellant's opening brief in excess of page limit are granted. |
Sep 4 1998 | Appellant's opening brief filed by appellant COFFMAN. (2 vols. -- 597 pp.) |
Sep 25 1998 | Application for Extension of Time filed To file Resp's brief. |
Sep 28 1998 | Extension of Time application Granted To 12-3-98 To file Resp's brief. |
Nov 20 1998 | Application for Extension of Time filed To file Resp's brief. |
Dec 1 1998 | Extension of Time application Granted To 2-1-99 To file Resp's brief. |
Feb 1 1999 | Application for Extension of Time filed To file Resp's brief. |
Feb 2 1999 | Extension of Time application Granted To 3-3-99 To file Respondent's brief |
Feb 25 1999 | Application for Extension of Time filed To file Resp's brief. |
Mar 1 1999 | Extension of Time application Granted To 4-2-99 To file Respondent's brief |
Mar 30 1999 | Application for Extension of Time filed To file Resp's brief. |
Apr 1 1999 | Extension of Time application Granted To 6-1-99 To file Resp's brief. |
Apr 13 1999 | Change of Address filed for: Atty Barry L. Morris. |
Apr 26 1999 | Compensation awarded counsel |
May 26 1999 | Application for Extension of Time filed To file Resp's brief. |
May 26 1999 | Extension of Time application Granted To 7-1-99 To file Respondent's brief |
Jun 16 1999 | Compensation awarded counsel |
Jun 23 1999 | Application for Extension of Time filed To file Resp's brief. |
Jun 24 1999 | Extension of Time application Granted To 8-2-99 To file Resp's brief. |
Jul 30 1999 | Application for Extension of Time filed To file Resp's brief. |
Aug 11 1999 | Extension of Time application Granted To 9/1/99 To file Resp's brief |
Aug 23 1999 | Filed: Applic. of Atty Chuck Nacsin for appointment as Habeas Corpus Counsel for Applt Marlow. |
Aug 27 1999 | Application for Extension of Time filed To file Resp's brief. |
Sep 1 1999 | Extension of Time application Granted To 10/1/99 To file Resp's brief. |
Sep 7 1999 | Filed: Amended Appl. for Appt. as Habeas Corpus/Executive Clemency Counsel (for Applt James Marlow) |
Sep 13 1999 | Motion filed By Atty Barry Morris to withdraw from representation as to Habeas Corpus (for Applt Marlow). |
Sep 21 1999 | Filed: Confidential Decl of Atty Barry Morris. |
Sep 21 1999 | Filed: Amended Proof of Service of motion to Withdraw. |
Sep 27 1999 | Filed: Letter from Atty Morris, dated 9-17-99 Re: motion to Withdraw. |
Sep 27 1999 | Filed: Amended Proof of Service to motion to Withdraw. |
Sep 29 1999 | Application for Extension of Time filed To file Resp's brief. |
Sep 30 1999 | Extension of Time application Granted To Resp To 11-1-99 To file Resp's brief. |
Oct 7 1999 | Order filed: Good cause appearing, the application of appointed counsel for permission to withdraw as habeas corpus/executive clemency attorney of record for appellant James Gregory Marlow, filed 9-13-99, is granted. The order appointing Barry L. Morris as counsel of record for appellant James Gregory Marlow, filed 2-3-93, is hereby vacated with respect to the investigation and/or initiation of habeas corpus/executive clemency proceedings related to appellant Marlow's capital appeal. Mr. Morris shall remain as counsel of record for appellant Marlow's capital appeal, and shall continue to be responsible for all appellate duties specified in Supreme Court Policies Regarding Cases Arising From Judgments of Death, Policy 3, standards 1-1 and 2-1. Chuck Nacsin is hereby appointed as habeas corpus/executive clemency counsel in place of Barry L. Morris on behalf of appellant James Gregory Marlow, and has responsibility for all habeas corpus/ executive clemency duties specified in Policy 3, standards 1-1 and 2-1. Mr. Morris is directed to deliver to Mr. Nacsin, within 30 days from the filing of this order, a copy of the entire case file relating to Marlow's capital appeal and related habeas corpus proceedings currently in his possession, including, but not limited to, the reporter's and clerk's transcripts, all case files and documents obtained from appellant Marlow's trial counsel, all case reports from investigators, legal assistants and paralegals, and copies of all other documents filed in this court. |
Oct 28 1999 | Application for Extension of Time filed To file Resp's brief. |
Nov 2 1999 | Extension of Time application Granted To 12/1/99 To file Resp's brief. |
Nov 10 1999 | Order filed: In conjunction with the order filed on 10-7-99, permitting Barry L. Morris to withdraw as counsel of record for death row inmate James Gregory Marlow for habeas corpus/executive clemency proceedings related to the automatic appeal now pending in this court, Mr. Morris is ordered to reimburse this court the sum of $36,000. This order is without prejudice to Morris's ability to seek -- upon adequate demonstration -- credit for habeas corpus work already performed by Morris "that is determined by the court to be of value to the court." ("Fixed Fee Guideline 11 ["Court Action Upon Nonperformance of Work, and Reimbursement of Fees Upon Authorized Withdrawal of Appointed Counsel"], subpart B.) |
Nov 29 1999 | Application for Extension of Time filed To file Resp's brief. |
Dec 1 1999 | Extension of Time application Granted To 1/3/2000 To file Resp's brief. |
Jan 3 2000 | Application for Extension of Time filed To file Resp's brief. |
Jan 6 2000 | Extension of Time application Granted To 2/2/2000 To file Resp's brief. |
Jan 28 2000 | Application for Extension of Time filed To file Resp's brief. |
Feb 2 2000 | Filed: Motion of appointed Counsel (for Applt Coffman) to withdraw as Habeas Counsel |
Feb 4 2000 | Extension of Time application Granted To 3/3/2000 To file Resp's brief. |
Feb 28 2000 | Application for Extension of Time filed To file Resp's brief. |
Mar 1 2000 | Order appointing Habeas Corpus Resource Center filed Good cause appearing, the application of appointed lead and associate counsel for permission to withdraw as habeas corpus/executive clemency attorneys of record for appellant Cynthia Lynn Coffman, filed 2-2-2000, is granted. The order appointing William J. Kopeny as lead counsel of record for appellant Cynthia Lynn Coffman, filed 1-18-90, is herey 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, and the order appointing Albert A. Newton as associate counsel of record for appellant Cynthia Lynn Coffman, filed 12-13-95, also is vacated with respect to the investigation and/or initiation of the capital-related state habeas corpus/executive clemency proceedings. Kopeny and Newton shall remain as lead and associate counsel of record, respectively, for appellant Coffman's capital appeal, and shall continue to be responsible for all appellate duties as specified in Supreme Court Polices Regarding Cases Arising from Judgments of Death, Policy 3, standards 1-1 and 2-1. The Habeas Corpus Resource Center is hereby appointed as habeas corpus/executive clemency counsel on behalf of appellant Coffman in place of attorneys Kopeny and Newton, and has responsibility for all habeas corpus/executive clemency duties specified in Supreme Court Policies Regarding Cases Arising from Judgments of Death, policy 3, standards 1-1 and 2-1. Attorneys Kopeny and Newton are directed to deliver to the Habeas Corpus Resource Center, within 30 days from the filing of this order, a copy of the entire case file relating to appellant Coffman's capital appeal and related habeas corpus proceedings currently in their possession, including, but not limited to, the reporter's and clerk's transcripts, all case files and documents obtained from trial counsel, all case reports from investigators, legal assistants and paralegals, and copies of all other documents filed in this court. |
Mar 2 2000 | Compensation awarded counsel Atty Multhaup |
Mar 2 2000 | Extension of Time application Granted To 4/3/2000 To file Resp's brief. |
Mar 29 2000 | Compensation awarded counsel Atty Nacsin |
Mar 29 2000 | Filed: Resp's request to file Resp's brief in Excess of 200 pages |
Apr 6 2000 | Order filed: Resp's Appl for Leave to file Resp's brief in Excess of 280 pages Is Granted. |
Apr 6 2000 | Respondent's brief filed (559 pages) |
Apr 14 2000 | Application for Extension of Time filed By Applt Marlow to file reply brief. |
Apr 20 2000 | Extension of Time application Granted To 6/26/2000 To Applt Marlow To file reply brief. |
Apr 25 2000 | Filed: Suppl Proof of Service for Eot to file reply brief |
Apr 26 2000 | Application for Extension of Time filed By Applt Coffman to file reply brief. |
Apr 28 2000 | Extension of Time application Granted To 6/26/2000 To Applt Coffman To file reply brief. |
May 17 2000 | Compensation awarded counsel Atty Nacsin |
Jun 22 2000 | Application for Extension of Time filed By Applt Marlow to file reply brief. |
Jun 26 2000 | Application for Extension of Time filed By Applt Coffman to file reply brief. |
Jun 26 2000 | Extension of Time application Granted To 8/25/2000 To Applt James Marlow To file reply brief. |
Jun 29 2000 | Compensation awarded counsel Atty Multhaup |
Jul 3 2000 | Extension of Time application Granted to 7/26/2000 to applt Coffman to file reply brief. |
Jul 27 2000 | Application for Extension of Time filed By applt Coffman to file reply brief. (3rd request) |
Jul 27 2000 | Filed: Notice of change of area code for atty William Kopeny |
Aug 3 2000 | Extension of Time application Granted to applt Coffman to 8-25-2000 to file reply brief. |
Aug 9 2000 | Counsel's status report received (confidential) from atty Nacsin. |
Aug 9 2000 | Application for Extension of Time filed By applt Marlow to file reply brief. (3rd request) |
Aug 9 2000 | Compensation awarded counsel Atty Kopeny |
Aug 15 2000 | Extension of Time application Granted To applt Marlow to 10/24/2000 to file reply brief. |
Aug 28 2000 | Application for Extension of Time filed By applt Coffman to file reply brief. (4th request) |
Aug 31 2000 | Extension of Time application Granted To 9/25/2000 to applt Coffman to file reply brief. |
Sep 5 2000 | Counsel's status report received (confidential) from HCRC (for Coffman). |
Sep 8 2000 | Change of Address filed for: atty William J. Kopeny |
Sep 26 2000 | Application to file over-length brief filed By applt Marlow (reply brief submitted under separate cover) |
Sep 26 2000 | Application for Extension of Time filed By applt Coffman to file reply brief (5th request) |
Sep 28 2000 | Order filed: Applt MARLOW'S applic. for leave to file applt's rely brief in excess of 140 pages is granted. |
Sep 28 2000 | Extension of Time application Granted To 10/25/2000 to file applt COFFMAN'S reply brief. No further ext. of time will be granted absent a showing of substantial progress on brief. |
Sep 28 2000 | Appellant's reply brief filed appellant MARLOW (174 pp.) |
Oct 3 2000 | Compensation awarded counsel Atty Morris |
Oct 11 2000 | Counsel's status report received (confidential) from atty Nacsin for applt Marlow. |
Oct 17 2000 | Compensation awarded counsel Atty Multhaup |
Oct 27 2000 | Application for Extension of Time filed To file applt COFFMAN'S reply brief; applic. for relief from two day default (6th request) |
Oct 31 2000 | Extension of Time application Granted To 11/22/2000 to applt COFFMAN to file reply brief. No further ext. of time are contemplated. |
Nov 22 2000 | Application for Extension of Time filed To file applt COFFMAN'S reply brief. (7th request) |
Nov 30 2000 | Extension of Time application Granted To 12/4/2000 to applt COFFMAN to file reply brief. No further ext. of time will be granted. |
Dec 4 2000 | Application for Extension of Time filed To applt COFFMAN'S reply brief. (8th request) |
Dec 12 2000 | Counsel's status report received (confidential) from atty Nacsin (for applt Marlow). |
Jan 12 2001 | Compensation awarded counsel Atty Multhaup |
Jan 30 2001 | Compensation awarded counsel Atty Nacsin |
Feb 5 2001 | Counsel's status report received (confidential) from atty Nacsin for Marlow. |
Mar 5 2001 | Application to file over-length brief filed As to Applt. Coffman to file Reply brief. (233 pages) |
Mar 9 2001 | Order filed: As to Applt. Coffman relief from default to file Reply Brief and to file Over Length Brief is granted. |
Mar 9 2001 | Appellant's reply brief filed appellant COFFMAN (233 pp.) |
May 2 2001 | Counsel's status report received (confidential) from HCRC for applt Coffman. |
Jun 12 2001 | Counsel's status report received (confidential) from atty Nacsin for applt Marlow. |
Jul 18 2001 | Counsel's status report received (confidential) from HCRC. |
Aug 9 2001 | Counsel's status report received (confidential) from atty Nacsin for Marlow. |
Aug 29 2001 | Compensation awarded counsel Atty Kopeny |
Oct 5 2001 | Related habeas corpus petition filed (concurrent) for MARLOW (case no. S101172). |
Oct 16 2001 | Compensation awarded counsel Atty Multhaup |
Dec 4 2001 | Compensation awarded counsel Atty Nacsin |
Dec 5 2001 | Counsel's status report received (confidential) from HCRC. |
Jan 2 2002 | Compensation awarded counsel Atty Nacsin |
Mar 11 2002 | Change of Address filed for: Applt. counsel Chuck Nacsin. |
Apr 4 2002 | Compensation awarded counsel Atty Nacsin |
May 21 2002 | Compensation awarded counsel Atty Multhaup |
Jun 12 2002 | Compensation awarded counsel Atty Nacsin |
Jul 12 2002 | Related habeas corpus petition filed (concurrent) No. S108267. |
Sep 19 2002 | Compensation awarded counsel Atty Nacsin |
May 29 2003 | Compensation awarded counsel Atty Multhaup |
Jul 3 2003 | Exhibits lodged nos. 1-19; and 21-39 (to motion for change of venue). |
Mar 17 2004 | Oral argument letter sent advising counsel that the case could be scheduled for oral argument as early as the May calendars, to be held in San Francisco the week of May 3 and also the week of May 24, 2004. Any request for additional time (to argue), notification of requirement for two counsel, or advisement of "focus issues" must be made no later than 10 days after the case has been set for oral argument. |
Apr 13 2004 | Received: letter from atty Morris, dated 3-12-2004, re: scheduling of oral argument, and requesting 45 minutes to argue. |
Apr 23 2004 | Letter sent to: counsel advising that the court has determined that each appellant will have 30 minutes for argument, and the respondent will have 30 minutes for argument. |
Apr 28 2004 | Case ordered on calendar 5-24-04, 1:30 p.m., SF. |
May 13 2004 | Request for judicial notice granted Good cause appearing, the court takes judicial notice of the transcripts of appellant Coffman's and appellant Marlow's interviews with law enforcement authorities contained in two volumes of the supplemental clerk's transcript in People v. Marlow, S026614. (Evid. Code, sections 452, subd. (b), 459, subd. (a).) |
May 14 2004 | Filed letter from: Attorney William Kopeny counsel for appellant Cynthia Coffman, dated 5/13/2004, re focus issues for oral argument. |
May 14 2004 | Filed letter from: Respondent, dated 5/13/2004, re additional authorities for oral argument. |
May 19 2004 | Filed letter from: Respondent, dated 5/18/2004, re focus issues for oral argument. |
May 20 2004 | Filed: focus issue letter from appellant Marlow, dated 5-14-2004. |
May 21 2004 | Received: letter from atty Morris, dated 5-21-2004, with additional authority. (received via fax) |
May 24 2004 | Cause argued and submitted |
Jun 7 2004 | Compensation awarded counsel Atty Multhaup |
Jun 23 2004 | Compensation awarded counsel Atty Nacsin |
Aug 19 2004 | Opinion filed: Judgment affirmed in full Majority Opinion by Werdegar, J. joined by George, C.J., Kennard, Baxter, Chin, Brown & Moreno, JJ. |
Sep 7 2004 | Rehearing petition filed by appellant COFFMAN. (5318 words - 23 pp.; pursuant to rule 40(k)) |
Sep 10 2004 | Time extended to consider modification or rehearing to 11/17/2004, or the date upon which rehearing is either granted or denied, whichever occurs first. |
Oct 27 2004 | Rehearing denied Appellant's Cynthia Lynn Coffman's request to modify the opinion is granted. Petition for rehearing is denied. |
Oct 27 2004 | Opinion modified - no change in judgment |
Oct 27 2004 | Remittitur issued (AA) |
Oct 28 2004 | Exhibit(s) returned People's 1-19 and 21-39 returned to San Bernardino County Superior Court. |
Nov 1 2004 | Order filed (150 day statement) |
Nov 10 2004 | Received: Acknowledgment of receipt of remittitur. |
Nov 15 2004 | Received: acknowledgment of receipt of exhibits. |
Nov 23 2004 | Received: Copy of appellant MARLOW'S cert petition. (34 pp. - excluding appendix) |
Jan 26 2005 | Received: Copy of appellant MARLOW'S cert petition. (38 pp. - excluding appendix) |
Jan 26 2005 | Received: Letter from U.S.S.C., dated 1/21/2005, advising time extended to 2/24/2005 to appellant COFFMAN to file cert petition. |
Mar 7 2005 | Received: Letter from U.S.S.C, date 2/28/2005, advising that appellant COFFMAN'S cert petition filed on 2/24/2005 as No. 04-8849. |
Mar 11 2005 | Received: Letter from U.S.S.C., dated 3/1/2005, advising that appellant MARLOW'S cert petition filed as No. 04-8889. |
Mar 28 2005 | Received: Respondent's opposition to appellant Marlow's cert petition. (36 pp.) |
Apr 27 2005 | Compensation awarded counsel Atty Multhaup |
May 6 2005 | Received: copy of respondent's brief in opposition to Coffman's cert petition. |
May 31 2005 | Certiorari denied by U.S. Supreme Court appellant Coffman's certiorari petition is denied. |
May 31 2005 | Certiorari denied by U.S. Supreme Court appellant Marlow's certiorari petition is denied. |
Jun 27 2005 | Related habeas corpus petition filed (post-judgment) In re Marlow, no. S135024 (petition filed by attorney Chuck Nacsin for Marlow) |
Jul 27 2005 | Compensation awarded counsel Atty Kopeny |
Nov 20 2009 | Related habeas corpus petition filed (post-judgment) for appellant Marlow, no. S178102. |
Briefs | |
Oct 25 1995 | Appellant's opening brief filed |
Sep 4 1998 | Appellant's opening brief filed |
Apr 6 2000 | Respondent's brief filed |
Sep 28 2000 | Appellant's reply brief filed |
Mar 9 2001 | Appellant's reply brief filed |