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, 10/27/2004 S011960M
Parties
1 Coffman, Cynthia Lynn (Appellant)
Represented by Habeas Corpus Resource Center
50 Fremont Street, Suite 1800
50 Fremont Street, Suite 1800
San Francisco, CA
2 Coffman, Cynthia Lynn (Appellant)
Represented by William J. Kopeny
William J. Kopeny & Associates
16485 Laguna Canyon Rd., Suite 230
Irvine, CA
3 Coffman, Cynthia Lynn (Appellant)
Represented by Albert A. Newton
Law Offices Of John D. Barnett
One City Boulevard West, Suite 308
Orange, CA
4 Marlow, James Gregory (Appellant)
Represented by Eric Stephen Multhaup
Law Offices of Fischer & Multhaup
20 Sunnyside Ave., Suite A
Mill Valley, CA
5 Marlow, James Gregory (Appellant)
Represented by Barry L. Morris
Attorney at Law
1260 B St., Suite 220
Hayward, CA
6 Marlow, James Gregory (Appellant)
Represented by Chuck Nacsin
Attorney at Law
350 West 5th Street, Suite 101
San Bernardino, CA
7 The People (Respondent)
Represented by Attorney General - San Diego Office
Pamela Ratner, Deputy Attorney General
P.O. Box 85266
San Diego, 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

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