Supreme Court of California Justia
Docket No. S011960M
People v. Coffman & Marlow

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.


Opinion Information
Date:Docket Number:
Wed, 10/27/2004S011960M

Parties
1The People (Respondent)
Represented by Attorney General - San Diego Office
Pamela Ratner, Deputy Attorney General
P.O. Box 85266
San Diego, CA

2Coffman, Cynthia Lynn (Appellant)
Represented by Habeas Corpus Resource Center
50 Fremont Street, Suite 1800
50 Fremont Street, Suite 1800
San Francisco, CA

3Coffman, Cynthia Lynn (Appellant)
Represented by William J. Kopeny
William J. Kopeny & Associates
16485 Laguna Canyon Rd., Suite 230
Irvine, CA

4Coffman, Cynthia Lynn (Appellant)
Represented by Albert A. Newton
Law Offices Of John D. Barnett
One City Boulevard West, Suite 308
Orange, CA

5Marlow, James Gregory (Appellant)
Represented by Eric Stephen Multhaup
Law Offices of Fischer & Multhaup
20 Sunnyside Ave., Suite A
Mill Valley, CA

6Marlow, James Gregory (Appellant)
Represented by Barry L. Morris
Attorney at Law
1260 B St., Suite 220
Hayward, CA

7Marlow, James Gregory (Appellant)
Represented by Chuck Nacsin
Attorney at Law
350 West 5th Street, Suite 101
San Bernardino, CA


Disposition
Aug 19 2004Opinion: Affirmed

Dockets
Aug 31 1989Judgment of death
 
Sep 11 1989Filed certified copy of Judgment of Death Rendered
  on 8-31-89 for appellant Cynthia Lynn Coffman.
Sep 11 1989Filed certified copy of Judgment of Death Rendered
  on 8-31-89 for appellant James Gregory Marlow.
Oct 30 1989Filed:
  amended commitment judgment of death for Cynthia Lynn Coffman.
Jan 18 1990Counsel 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 1990CAP CONFLICT EXISTS
  CAP HAS A CONFLICT OF INTEREST AS TO APPELLANT MARLOW.
Jun 29 1990Application for Extension of Time filed
  By Applt Coffman to request correction of Record.
Jul 2 1990Extension of Time application Granted
  To Applt Coffman To 9-4-90 To request correction of Record.
Sep 4 1990Application for Extension of Time filed
  By Applt Coffman to request correction of Record.
Sep 7 1990Extension of Time application Granted
  To Applt Coffman To 11-15-90 To request correction of Record.
Nov 14 1990Application for Extension of Time filed
  By Applt to request correction of Record.
Nov 19 1990Extension of Time application Granted
  To Applt Coffman To 1-14-91 To request correction of Record.
Jan 11 1991Application for Extension of Time filed
  By Applt Coffman to request correction of Record.
Jan 16 1991Extension of Time application Granted
  To Applt Coffman To 3-15-91 To request correction of Record.
Mar 15 1991Application for Extension of Time filed
  By Applt Coffman to request correction of Record.
Mar 29 1991Filed:
  Suppl Decl of William J. Kopeny in support of request for Ext. of Time.
Apr 8 1991Extension of Time application Granted
  To Applt Coffman To 5-15-91 To request Corr. of Record.
May 21 1991Received letter from:
  Atty Kopeny Advising that (Initial) request for correction Was filed with Superior Court 5-15-91.
Aug 2 1991Change of Address filed for:
  Atty William J. Kopeny.
Feb 3 1993Counsel 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 1993Application for Extension of Time filed
  By Applt Marlow to request correction of Record.
Apr 28 1993Extension of Time application Granted
  To Applt Marlow To 6-21-93 To request correction of Record.
Jun 24 1993Application for Extension of Time filed
  By Applt Marlow to request correction of Record.
Jun 28 1993Extension of Time application Granted
  To Applt Marlow To 8-20-93 To request Corr. of Record.
Aug 24 1993Application for Extension of Time filed
  By Applt Marlow to request correction of Record.
Aug 25 1993Extension of Time application Granted
  To Applt Marlow To 10-19-93 To request correction of Record.
Oct 26 1993Application for Extension of Time filed
  By Applt Marlow to request correction of Record.
Oct 27 1993Extension of Time application Granted
  To Applt Marlow To 12-20-93 To request correction of Record.
Dec 28 1993Application for Extension of Time filed
  By Applt Marlow to request correction of Record.
Dec 29 1993Extension of Time application Granted
  To Applt Marlow To 2-18-94 To request Corr. of Record.
Jan 20 1994Compensation awarded counsel
 
Mar 1 1994Application for Extension of Time filed
  By Applt Marlow to request correction of Record.
Mar 2 1994Extension 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 1994Change of Address filed for:
  Atty Barry L. Morris.
May 4 1994Application for Extension of Time filed
  By Applt Marlow to request correction of Record.
May 5 1994Extension 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 1994Received:
  Copy of Applt Marlow's request for Additional Record, to Examine Sealed Transcripts & Exhibits & correct Record.
Jul 13 1994Compensation awarded counsel
 
Feb 22 1995Compensation awarded counsel
  (Atty Morris)
Mar 14 1995Record 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 1995Appellant's opening brief letter sent, due:
  4-24-95.
Apr 24 1995Filed:
  Additional Record: 2 Vols. for Coffman (Sealed) - 521 Pp.; and 4 Vols. for Marlow (Sealed) - 963 Pp.
Apr 24 1995Application for Extension of Time filed
  By Applt Marlow to file Aob.
Apr 24 1995Extension of Time application Granted
  To Applt Marlow To 5-24-95 To file Aob.
Apr 26 1995Application for Extension of Time filed
  By Applt Coffman to file Aob.
May 2 1995Extension of Time application Granted
  To Applt Coffman To 5-24-95 To file Aob.
May 24 1995Compensation awarded counsel
 
May 24 1995Application for Extension of Time filed
  By Applt Coffman to file Aob.
May 26 1995Extension of Time application Granted
  To Applt Coffman To 6-23-95 To file Aob.
May 26 1995Application for Extension of Time filed
  By Applt Marlow to file Aob.
May 26 1995Extension of Time application Granted
  To Applt Marlow To 6-23-95 To file Aob.
Jun 23 1995Application for Extension of Time filed
  By Applt Marlow to file Aob.
Jun 23 1995Application for Extension of Time filed
  By Applt Coffman to file Aob.
Jun 27 1995Extension of Time application Granted
  To Applt Marlow To 7-24-95 To file Aob.
Jun 28 1995Extension of Time application Granted
  To Applt Coffman To 7-24-95 To file Aob.
Jul 21 1995Application for Extension of Time filed
  By Applt Coffman to file Aob.
Jul 25 1995Application for Extension of Time filed
  By Applt Marlow to file Aob.
Jul 26 1995Extension of Time application Granted
  To Applts Marlow and Coffman To 8-23-95 To file Aob.
Aug 22 1995Application for Extension of Time filed
  By Applt Coffman to file Aob.
Aug 23 1995Application for Extension of Time filed
  By Applt Marlow to file Aob.
Aug 24 1995Extension of Time application Granted
  To Applt Marlow To 9-22-95 To file Aob.
Aug 24 1995Filed:
  Suppl Declaration in support of Coffman's Applic. for Ext. of time to file Aob.
Aug 25 1995Extension of Time application Granted
  To Applt Coffman To 9-22-95 To file Aob.
Sep 25 1995Application for Extension of Time filed
  By Applt Marlow to file Aob.
Sep 26 1995Extension of Time application Granted
  To Applt Marlow To 10-23-95 To file Aob.
Sep 26 1995Application for Extension of Time filed
  By Applt Coffman to file Aob.
Sep 27 1995Extension of Time application Granted
  To Applt Coffman To 10-23-95 To file Aob.
Oct 23 1995Application for Extension of Time filed
  By Applt Coffman to file Aob.
Oct 23 1995Motion filed
  By Applt Coffman for Additional Counsel on Appeal to Prepare H.C. Petn.
Oct 23 1995Filed:
  Applt Marlow's request for Leave to file brief in Excess of 200 Pp. (AOB submitted Under Separate Cover)
Oct 25 1995Order filed:
  Granting request of Applt Marlow for Leave to file AOB in Excess of 200 Pp.
Oct 25 1995Appellant's opening brief filed
  by appellant MARLOW. (481 pp.)
Oct 25 1995Extension of Time application Granted
  To Applt Coffman To 11-22-95 To file Aob.
Oct 26 1995Compensation awarded counsel
  For Attorney Morris (Marlow)
Nov 21 1995Compensation awarded counsel
 
Nov 22 1995Application for Extension of Time filed
  By Applt Coffman to file Aob.
Nov 27 1995Extension of Time application Granted
  To Applt Coffman To 12-22-95 To file Aob.
Dec 13 1995Order 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 1995Application for Extension of Time filed
  By Applt Coffman to file Aob.
Dec 27 1995Extension of Time application Granted
  To Applt Coffman To 1-22-96 To file Aob.
Jan 22 1996Application for Extension of Time filed
  By Applt Coffman to file Aob.
Jan 23 1996Extension of Time application Granted
  To Applt Coffman To 2-21-96 To file Aob.
Feb 21 1996Application for Extension of Time filed
  By Applt Coffman to file AOB
Feb 22 1996Extension of Time application Granted
  To March 22,1996 To file AOB (Applt Coffman)
Mar 22 1996Application for Extension of Time filed
  By Applt Coffman to file Aob.
Mar 26 1996Extension of Time application Granted
  To Applt Coffman To 4-22-96 To file Aob.
Apr 22 1996Application for Extension of Time filed
  By Applt Coffman to file Aob.
Apr 23 1996Extension of Time application Granted
  To Applt Coffman To 5-22-96 To file Aob.
May 22 1996Application for Extension of Time filed
  By Applt Coffman to file Aob.
Jun 14 1996Filed:
  Decl of Albert Newton in support of Applic. for Eot to file Coffman's Aob.
Jun 17 1996Extension of Time application Granted
  To Applt Coffman To 6-21-96 To file Aob.
Jun 21 1996Application for Extension of Time filed
  By Applt Coffman to file Aob.
Jun 27 1996Extension of Time application Granted
  To Applt Coffman To 7-22-96 To file Aob.
Jul 25 1996Application for Extension of Time filed
  By Applt Coffman to file Aob.
Jul 29 1996Extension of Time application Granted
  To Applt Coffman To 8-21-96 To file Aob.
Aug 22 1996Application for Extension of Time filed
  By Applt Coffman to file Aob.
Aug 27 1996Extension of Time application Granted
  To Applt Coffman To 9-20-96 To file Aob.
Sep 25 1996Application for Extension of Time filed
  By Applt Coffman to file Aob.
Sep 26 1996Extension of Time application Granted
  To Applt Coffman To 10-21-96 To file Aob.
Oct 21 1996Application for Extension of Time filed
  By Applt Coffman to file Aob.
Oct 22 1996Extension of Time application Granted
  To November 20,1996 To file AOB (Applt Coffman)
Nov 21 1996Application for Extension of Time filed
  By Applt Coffman to file Aob.
Nov 25 1996Extension of Time application Granted
  To Applt Coffman To 12-20-96 To file Aob.
Dec 20 1996Application for Extension of Time filed
  By Applt Coffman to file Aob.
Jan 6 1997Extension of Time application Granted
  To Applt Coffman To 1-21-97 To file Aob.
Jan 21 1997Application for Extension of Time filed
  By Alplnt., Coffman to file Aob.
Jan 28 1997Extension of Time application Granted
  To Applt Coffman To 2-20-97 To file Aob.
Feb 10 1997Motion filed
  To Consolidate the Appeals and Habeas Petitions in Peo.V.Marlow (S026614) and Peo.V.Coffman and Marlow (S011960)
Feb 18 1997Filed:
  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 1997Application for Extension of Time filed
  Appellant Coffman to file Opening brief to 3-22-97.
Feb 26 1997Extension of Time application Granted
  To Applt Coffman To March 24,1997 To file AOB
Mar 24 1997Application for Extension of Time filed
  By Applt Coffman to file Aob.
Apr 15 1997Filed:
  Further Declarations of William Kopeny and Albert Newton in support of Applic. for Ext. of time to file Aob.
Apr 17 1997Extension of Time application Granted
  To Applt Coffman To 4-23-97 To file Aob.
Apr 28 1997Application for Extension of Time filed
  By Applt Coffman to file Aob.
May 19 1997Filed:
  Decl of Albert Newton in support of request for Eot.
May 20 1997Extension 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 1997Change of Address filed for:
  Atty William J. Kopeny.
Jun 23 1997Application for Extension of Time filed
  To file Aob.
Jun 26 1997Extension of Time application Granted
  To Applt Coffman To 7-23-97 To file Aob.
Jul 23 1997Application for Extension of Time filed
  By Applt Coffman to file Aob.
Jul 28 1997Extension of Time application Granted
  To Applt Coffman To 8-22-97 To file Aob.
Aug 22 1997Application for Extension of Time filed
  By Applt Coffman to file Aob.
Aug 25 1997Extension of Time application Granted
  To Applt Coffman To 9-22-97 To file Aob.
Sep 23 1997Application for Extension of Time filed
  By Applt Coffman to file Aob.
Sep 24 1997Extension of Time application Granted
  To Applt Coffman To 10-22-97 To file Aob.
Oct 24 1997Application for Extension of Time filed
  By Applt Coffman to file AOB
Oct 28 1997Extension of Time application Granted
  To Applt Coffman To November 21,1997 To file AOB
Nov 24 1997Application for Extension of Time filed
  By Applt Coffman to file Aob.
Nov 26 1997Filed:
  Suppl Decl of William Kopeny in support of Applic. for Eot.
Dec 2 1997Extension 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 1998Application for Extension of Time filed
  By Applt Coffman to file Aob.
Jan 6 1998Extension of Time application Granted
  To Applt Coffman To January 30,1998 To file AOB
Feb 3 1998Application for Extension of Time filed
  By Applt Coffman to file Aob.
Feb 18 1998Extension of Time application Granted
  To Applt Coffman To 3-2-98 To file Aob. no further Extensions of time will be Granted.
Jun 10 1998Order 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 1998Order 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 1998Case 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 1998Filed: Written Return to OSC on contempt
  By Attys Kopeny and Newton.
Aug 12 1998Filed:
  Proof of Service of Return.
Sep 1 1998Motion filed
  By Applt Coffman for Relief from Default (to file Aob.)
Sep 1 1998Motion filed
  By Applt Coffman to file AOB in Excess of page Limit (brief submitted Under Separate Cover).
Sep 2 1998Order 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 1998Order 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 1998Appellant's opening brief filed
  by appellant COFFMAN. (2 vols. -- 597 pp.)
Sep 25 1998Application for Extension of Time filed
  To file Resp's brief.
Sep 28 1998Extension of Time application Granted
  To 12-3-98 To file Resp's brief.
Nov 20 1998Application for Extension of Time filed
  To file Resp's brief.
Dec 1 1998Extension of Time application Granted
  To 2-1-99 To file Resp's brief.
Feb 1 1999Application for Extension of Time filed
  To file Resp's brief.
Feb 2 1999Extension of Time application Granted
  To 3-3-99 To file Respondent's brief
Feb 25 1999Application for Extension of Time filed
  To file Resp's brief.
Mar 1 1999Extension of Time application Granted
  To 4-2-99 To file Respondent's brief
Mar 30 1999Application for Extension of Time filed
  To file Resp's brief.
Apr 1 1999Extension of Time application Granted
  To 6-1-99 To file Resp's brief.
Apr 13 1999Change of Address filed for:
  Atty Barry L. Morris.
Apr 26 1999Compensation awarded counsel
 
May 26 1999Application for Extension of Time filed
  To file Resp's brief.
May 26 1999Extension of Time application Granted
  To 7-1-99 To file Respondent's brief
Jun 16 1999Compensation awarded counsel
 
Jun 23 1999Application for Extension of Time filed
  To file Resp's brief.
Jun 24 1999Extension of Time application Granted
  To 8-2-99 To file Resp's brief.
Jul 30 1999Application for Extension of Time filed
  To file Resp's brief.
Aug 11 1999Extension of Time application Granted
  To 9/1/99 To file Resp's brief
Aug 23 1999Filed:
  Applic. of Atty Chuck Nacsin for appointment as Habeas Corpus Counsel for Applt Marlow.
Aug 27 1999Application for Extension of Time filed
  To file Resp's brief.
Sep 1 1999Extension of Time application Granted
  To 10/1/99 To file Resp's brief.
Sep 7 1999Filed:
  Amended Appl. for Appt. as Habeas Corpus/Executive Clemency Counsel (for Applt James Marlow)
Sep 13 1999Motion filed
  By Atty Barry Morris to withdraw from representation as to Habeas Corpus (for Applt Marlow).
Sep 21 1999Filed:
  Confidential Decl of Atty Barry Morris.
Sep 21 1999Filed:
  Amended Proof of Service of motion to Withdraw.
Sep 27 1999Filed:
  Letter from Atty Morris, dated 9-17-99 Re: motion to Withdraw.
Sep 27 1999Filed:
  Amended Proof of Service to motion to Withdraw.
Sep 29 1999Application for Extension of Time filed
  To file Resp's brief.
Sep 30 1999Extension of Time application Granted
  To Resp To 11-1-99 To file Resp's brief.
Oct 7 1999Order 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 1999Application for Extension of Time filed
  To file Resp's brief.
Nov 2 1999Extension of Time application Granted
  To 12/1/99 To file Resp's brief.
Nov 10 1999Order 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 1999Application for Extension of Time filed
  To file Resp's brief.
Dec 1 1999Extension of Time application Granted
  To 1/3/2000 To file Resp's brief.
Jan 3 2000Application for Extension of Time filed
  To file Resp's brief.
Jan 6 2000Extension of Time application Granted
  To 2/2/2000 To file Resp's brief.
Jan 28 2000Application for Extension of Time filed
  To file Resp's brief.
Feb 2 2000Filed:
  Motion of appointed Counsel (for Applt Coffman) to withdraw as Habeas Counsel
Feb 4 2000Extension of Time application Granted
  To 3/3/2000 To file Resp's brief.
Feb 28 2000Application for Extension of Time filed
  To file Resp's brief.
Mar 1 2000Order 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 2000Compensation awarded counsel
  Atty Multhaup
Mar 2 2000Extension of Time application Granted
  To 4/3/2000 To file Resp's brief.
Mar 29 2000Compensation awarded counsel
  Atty Nacsin
Mar 29 2000Filed:
  Resp's request to file Resp's brief in Excess of 200 pages
Apr 6 2000Order filed:
  Resp's Appl for Leave to file Resp's brief in Excess of 280 pages Is Granted.
Apr 6 2000Respondent's brief filed
  (559 pages)
Apr 14 2000Application for Extension of Time filed
  By Applt Marlow to file reply brief.
Apr 20 2000Extension of Time application Granted
  To 6/26/2000 To Applt Marlow To file reply brief.
Apr 25 2000Filed:
  Suppl Proof of Service for Eot to file reply brief
Apr 26 2000Application for Extension of Time filed
  By Applt Coffman to file reply brief.
Apr 28 2000Extension of Time application Granted
  To 6/26/2000 To Applt Coffman To file reply brief.
May 17 2000Compensation awarded counsel
  Atty Nacsin
Jun 22 2000Application for Extension of Time filed
  By Applt Marlow to file reply brief.
Jun 26 2000Application for Extension of Time filed
  By Applt Coffman to file reply brief.
Jun 26 2000Extension of Time application Granted
  To 8/25/2000 To Applt James Marlow To file reply brief.
Jun 29 2000Compensation awarded counsel
  Atty Multhaup
Jul 3 2000Extension of Time application Granted
  to 7/26/2000 to applt Coffman to file reply brief.
Jul 27 2000Application for Extension of Time filed
  By applt Coffman to file reply brief. (3rd request)
Jul 27 2000Filed:
  Notice of change of area code for atty William Kopeny
Aug 3 2000Extension of Time application Granted
  to applt Coffman to 8-25-2000 to file reply brief.
Aug 9 2000Counsel's status report received (confidential)
  from atty Nacsin.
Aug 9 2000Application for Extension of Time filed
  By applt Marlow to file reply brief. (3rd request)
Aug 9 2000Compensation awarded counsel
  Atty Kopeny
Aug 15 2000Extension of Time application Granted
  To applt Marlow to 10/24/2000 to file reply brief.
Aug 28 2000Application for Extension of Time filed
  By applt Coffman to file reply brief. (4th request)
Aug 31 2000Extension of Time application Granted
  To 9/25/2000 to applt Coffman to file reply brief.
Sep 5 2000Counsel's status report received (confidential)
  from HCRC (for Coffman).
Sep 8 2000Change of Address filed for:
  atty William J. Kopeny
Sep 26 2000Application to file over-length brief filed
  By applt Marlow (reply brief submitted under separate cover)
Sep 26 2000Application for Extension of Time filed
  By applt Coffman to file reply brief (5th request)
Sep 28 2000Order filed:
  Applt MARLOW'S applic. for leave to file applt's rely brief in excess of 140 pages is granted.
Sep 28 2000Extension 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 2000Appellant's reply brief filed
  appellant MARLOW (174 pp.)
Oct 3 2000Compensation awarded counsel
  Atty Morris
Oct 11 2000Counsel's status report received (confidential)
  from atty Nacsin for applt Marlow.
Oct 17 2000Compensation awarded counsel
  Atty Multhaup
Oct 27 2000Application for Extension of Time filed
  To file applt COFFMAN'S reply brief; applic. for relief from two day default (6th request)
Oct 31 2000Extension of Time application Granted
  To 11/22/2000 to applt COFFMAN to file reply brief. No further ext. of time are contemplated.
Nov 22 2000Application for Extension of Time filed
  To file applt COFFMAN'S reply brief. (7th request)
Nov 30 2000Extension 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 2000Application for Extension of Time filed
  To applt COFFMAN'S reply brief. (8th request)
Dec 12 2000Counsel's status report received (confidential)
  from atty Nacsin (for applt Marlow).
Jan 12 2001Compensation awarded counsel
  Atty Multhaup
Jan 30 2001Compensation awarded counsel
  Atty Nacsin
Feb 5 2001Counsel's status report received (confidential)
  from atty Nacsin for Marlow.
Mar 5 2001Application to file over-length brief filed
  As to Applt. Coffman to file Reply brief. (233 pages)
Mar 9 2001Order filed:
  As to Applt. Coffman relief from default to file Reply Brief and to file Over Length Brief is granted.
Mar 9 2001Appellant's reply brief filed
  appellant COFFMAN (233 pp.)
May 2 2001Counsel's status report received (confidential)
  from HCRC for applt Coffman.
Jun 12 2001Counsel's status report received (confidential)
  from atty Nacsin for applt Marlow.
Jul 18 2001Counsel's status report received (confidential)
  from HCRC.
Aug 9 2001Counsel's status report received (confidential)
  from atty Nacsin for Marlow.
Aug 29 2001Compensation awarded counsel
  Atty Kopeny
Oct 5 2001Related habeas corpus petition filed (concurrent)
  for MARLOW (case no. S101172).
Oct 16 2001Compensation awarded counsel
  Atty Multhaup
Dec 4 2001Compensation awarded counsel
  Atty Nacsin
Dec 5 2001Counsel's status report received (confidential)
  from HCRC.
Jan 2 2002Compensation awarded counsel
  Atty Nacsin
Mar 11 2002Change of Address filed for:
  Applt. counsel Chuck Nacsin.
Apr 4 2002Compensation awarded counsel
  Atty Nacsin
May 21 2002Compensation awarded counsel
  Atty Multhaup
Jun 12 2002Compensation awarded counsel
  Atty Nacsin
Jul 12 2002Related habeas corpus petition filed (concurrent)
  No. S108267.
Sep 19 2002Compensation awarded counsel
  Atty Nacsin
May 29 2003Compensation awarded counsel
  Atty Multhaup
Jul 3 2003Exhibits lodged
  nos. 1-19; and 21-39 (to motion for change of venue).
Mar 17 2004Oral 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 2004Received:
  letter from atty Morris, dated 3-12-2004, re: scheduling of oral argument, and requesting 45 minutes to argue.
Apr 23 2004Letter 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 2004Case ordered on calendar
  5-24-04, 1:30 p.m., SF.
May 13 2004Request 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 2004Filed letter from:
  Attorney William Kopeny counsel for appellant Cynthia Coffman, dated 5/13/2004, re focus issues for oral argument.
May 14 2004Filed letter from:
  Respondent, dated 5/13/2004, re additional authorities for oral argument.
May 19 2004Filed letter from:
  Respondent, dated 5/18/2004, re focus issues for oral argument.
May 20 2004Filed:
  focus issue letter from appellant Marlow, dated 5-14-2004.
May 21 2004Received:
  letter from atty Morris, dated 5-21-2004, with additional authority. (received via fax)
May 24 2004Cause argued and submitted
 
Jun 7 2004Compensation awarded counsel
  Atty Multhaup
Jun 23 2004Compensation awarded counsel
  Atty Nacsin
Aug 19 2004Opinion filed: Judgment affirmed in full
  Majority Opinion by Werdegar, J. joined by George, C.J., Kennard, Baxter, Chin, Brown & Moreno, JJ.
Sep 7 2004Rehearing petition filed
  by appellant COFFMAN. (5318 words - 23 pp.; pursuant to rule 40(k))
Sep 10 2004Time 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 2004Rehearing denied
  Appellant's Cynthia Lynn Coffman's request to modify the opinion is granted. Petition for rehearing is denied.
Oct 27 2004Opinion modified - no change in judgment
 
Oct 27 2004Remittitur issued (AA)
 
Oct 28 2004Exhibit(s) returned
  People's 1-19 and 21-39 returned to San Bernardino County Superior Court.
Nov 1 2004Order filed (150 day statement)
 
Nov 10 2004Received:
  Acknowledgment of receipt of remittitur.
Nov 15 2004Received:
  acknowledgment of receipt of exhibits.
Nov 23 2004Received:
  Copy of appellant MARLOW'S cert petition. (34 pp. - excluding appendix)
Jan 26 2005Received:
  Copy of appellant MARLOW'S cert petition. (38 pp. - excluding appendix)
Jan 26 2005Received:
  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 2005Received:
  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 2005Received:
  Letter from U.S.S.C., dated 3/1/2005, advising that appellant MARLOW'S cert petition filed as No. 04-8889.
Mar 28 2005Received:
  Respondent's opposition to appellant Marlow's cert petition. (36 pp.)
Apr 27 2005Compensation awarded counsel
  Atty Multhaup
May 6 2005Received:
  copy of respondent's brief in opposition to Coffman's cert petition.
May 31 2005Certiorari denied by U.S. Supreme Court
  appellant Coffman's certiorari petition is denied.
May 31 2005Certiorari denied by U.S. Supreme Court
  appellant Marlow's certiorari petition is denied.
Jun 27 2005Related habeas corpus petition filed (post-judgment)
  In re Marlow, no. S135024 (petition filed by attorney Chuck Nacsin for Marlow)
Jul 27 2005Compensation awarded counsel
  Atty Kopeny
Nov 20 2009Related habeas corpus petition filed (post-judgment)
  for appellant Marlow, no. S178102.

Briefs
Oct 25 1995Appellant's opening brief filed
 
Sep 4 1998Appellant's opening brief filed
 
Apr 6 2000Respondent's brief filed
 
Sep 28 2000Appellant's reply brief filed
 
Mar 9 2001Appellant's reply brief filed
 
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