Stanford Law School - Robert Crown Law Library

Filed 10/29/03

IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE,
Plaintiff and Respondent,
S034110
v.
MARK CHRISTOPHER CREW,
Santa Clara County
Super. Ct. No. 101400
Defendant and Appellant.

THE COURT:
The opinion herein, filed on August 25, 2003, appearing at 31 Cal.4th 822,
is modified as follows:
1. At 31 Cal.4th, page 829, in the second sentence of the fourth full
paragraph, the phrase “The two men discussed” is deleted and replaced with
“Defendant discussed with Elander”.
2. At 31 Cal.4th, page 830, in the fifth sentence of the third full paragraph,
the phrase “Defendant and Elander” is deleted and replaced with “Elander and
Mosteller”.
3. At 31 Cal.4th, page 852, the third full paragraph is deleted.
This modification does not affect the judgment.

---

Opinion Information

Date:	Docket Number:
Wed, 10/29/2003	S034110M

Disposition
Aug 25 2003	Opinion: Affirmed

Dockets
Jul 22 1993	Judgment of death
Jul 27 1993	Filed certified copy of Judgment of Death Rendered   7-22-93.
Jun 26 1997	Counsel appointment order filed   Andrew S. Love Is appointed as Lead Counsel, and Lynne S. Coffin Is appointed as Assoc. Counsel, to represent Applt on His A.A., Including Any Related Habeas Proceedings.
Aug 7 1997	Application for Extension of Time filed   By Applt to request correction of the Record.
Aug 7 1997	Filed:   "Amended" Decl of Service of Ext. Request.
Aug 13 1997	Compensation awarded counsel
Aug 14 1997	Extension of Time application Granted   To Applt To 10-6-97 To request Corr. of Record.
Oct 3 1997	Application for Extension of Time filed   By Applt to request correction of the Record.
Oct 7 1997	Extension of Time application Granted   To Applt To 12-5-97 To request Corr. of Record.
Dec 3 1997	Application for Extension of Time filed   By Applt to request correction of the Record.
Dec 5 1997	Extension of Time application Granted   To Applt To 2-3-98 To request Corr. of Record.
Jan 29 1998	Application for Extension of Time filed   By Applt to request Record correction
Feb 3 1998	Extension of Time application Granted   To 4-6-98 To request Record correction
Apr 2 1998	Application for Extension of Time filed   By Applt to request correction of the Record.
Apr 6 1998	Extension of Time application Granted   To Applt To 6-5-98 To request Corr. of Record. no further Extensions of time Are Contemplated.
Jun 1 1998	Application for Extension of Time filed   By Applt to request correction of the Record.
Jun 8 1998	Extension of Time application Granted   To 7-6-98 To request Record correction no further Extensions of time will be granted
Jun 18 1998	Received:   Copy of Applt's request to correct, Augment the Record, Examine Sealed Transcripts & Settle the Record (13 Pp.)
Jun 24 1998	Compensation awarded counsel
Jun 11 1999	Record on appeal filed   C-25 (6,115 Pp.) and R-51 (5,213 Pp.) (Includes Material Under Seal). Clerk's Transcript includes 2,299 pages of Juror Questionnaires.
Jun 11 1999	Appellant's opening brief letter sent, due:   7-21-99.
Jun 16 1999	Compensation awarded counsel
Jul 13 1999	Filed:   Motion for Order Granting Leave to Preserve Testimony of Critical Witnesses
Jul 20 1999	Change of Address filed for:   Atty General - S.F. Office.
Jul 20 1999	Application for Extension of Time filed   To file Aob.
Jul 21 1999	Extension of Time application Granted   To 9-20-99 To file AOB
Aug 6 1999	Opposition filed   By Resp to motion to Depose Witnesses.
Sep 17 1999	Application for Extension of Time filed   To file Aob.
Sep 17 1999	Extension of Time application Granted   To 11/19/99 To file Aob.
Nov 10 1999	Order filed:   Appellant's "Motion for Order Granting Leave to Preserve Testimony of Critical Witness" is denied. Appellant may file a petition for a writ of habeas corpus, raising the proposed claim to which this motion relates, immediately. A second habeas corpus petition raising any remaining claims will not be barred as successive as long as it is filed in a timely manner. Mosk, J., is of the opinion the motion should be granted.
Nov 17 1999	Application for Extension of Time filed   To file Aob.
Nov 18 1999	Extension of Time application Granted   To 1/18/2000 To file Aob.
Dec 1 1999	Compensation awarded counsel   Atty Love
Dec 20 1999	Note:   Related H.C. Petn filed this Date, No. S084495.
Jan 14 2000	Application for Extension of Time filed   To file Aob.
Jan 18 2000	Extension of Time application Granted   To 3/20/2000 To file Aob.
Jan 20 2000	Compensation awarded counsel   Atty Love
Mar 14 2000	Application for Extension of Time filed   To file Aob.
Mar 16 2000	Extension of Time application Granted   To 5/19/2000 To file Aob.
May 15 2000	Application for Extension of Time filed   To file Aob.
May 16 2000	Extension of Time application Granted   To 7/18/2000 To file Aob.
Jun 20 2000	Compensation awarded counsel   Atty Love
Jun 22 2000	Change of Address filed for:   Atty Andrew Love and Lynne S. Coffin
Jun 28 2000	Compensation awarded counsel   Atty Love
Jun 29 2000	Appellant's opening brief filed   (187 pages)
Jul 7 2000	Filed:   Confidential declaration of atty Andrew Love
Jul 12 2000	Compensation awarded counsel   Atty Love
Jul 20 2000	Motion to withdraw as counsel filed   by attys Andrew Love and Lynne Coffin.
Jul 20 2000	Motion for appointment of counsel filed   State Public Defender's motion for appointment as counsel for applt.
Jul 27 2000	Application for Extension of Time filed   to file respondent's brief.
Jul 31 2000	Extension of Time application Granted   to 9-27-2000 to file resp's brief.
Aug 9 2000	Order filed:   Good cause appearing, the applic. of appointed lead and assoc. counsel for permission to withdraw as atty of record for applt Mark C. Crew, filed 7/20/2000, is granted. The order appointing Andrew Love and Lynne S. Coffin as lead and assoc. counsel of record, respectively, for applt Mark C. Crew, filed 6/26/97, is hereby vacated. The State PD is hereby appointed as atty of record to represent applt Mark C. Crew for both the direct appeal and related state habeas corpus/executive clemency proceedings, in the above auto. appeal now pending in this court.
Sep 29 2000	Application for Extension of Time filed   To file resp's brief. (2nd request)
Oct 2 2000	Extension of Time application Granted   To 11/27/2000 to file resp's brief.
Oct 10 2000	Counsel's status report received (confidential)
Nov 22 2000	Application for Extension of Time filed   To file resp's brief. (3rd request)
Nov 29 2000	Extension of Time application Granted   To 1/26/2001 to file resp's brief.
Dec 6 2000	Counsel's status report received (confidential)   from State P.D.
Jan 29 2001	Application for Extension of Time filed   To file resp's brief. (4th request)
Feb 5 2001	Extension of Time application Granted   To 3/27/2001 to file resp's brief.
Feb 6 2001	Counsel's status report received (confidential)   from State P.D.
Mar 30 2001	Application for Extension of Time filed   To file Respondent's Brief. (5th request)
Apr 10 2001	Extension of Time application Granted   To 5/29/2001 to file Respondent's Brief.
May 29 2001	Application for Extension of Time filed   To file respondent's brief. (6th request)
Jun 1 2001	Extension of Time application Granted   To 7/30/2001 to file respondent's brief.
Jul 5 2001	Counsel's status report received (confidential)   from State P.D.
Jul 30 2001	Application for Extension of Time filed   To file resp.'s brief. (7th request)
Aug 2 2001	Extension of Time application Granted   To 8/13/2001 to file resp.'s brief. No further extensions of time are contemplated.
Aug 10 2001	Respondent's Brief filed. (125 Pp.)
Aug 29 2001	Application for Extension of Time filed   To file reply brief. (1st request)
Aug 31 2001	Extension of Time application Granted   to 10-29-2001 to file reply brief.
Sep 14 2001	Counsel's status report received (confidential)   from State P.D.
Oct 22 2001	Application for Extension of Time filed   To file reply brief. (2nd request)
Oct 24 2001	Extension of Time application Granted   To 12/28/2001 to file reply brief.
Nov 14 2001	Counsel's status report received (confidential)   from State P.D.
Nov 19 2001	Counsel's status report received (confidential)   (supplemental) from State P.D.
Dec 21 2001	Request for extension of time filed   To file reply brief. (3rd request)
Dec 27 2001	Extension of time granted   To 2/26/2002 to file reply brief. Asst. State PD Love anticipates filing the brief by 2/26/2002. No further extension is contemplated.
Jan 11 2002	Counsel's status report received (confidential)   from State P.D.
Feb 19 2002	Counsel's status report received (confidential)   from State P.D.
Feb 19 2002	Request for extension of time filed   To file reply brief. (4th request)
Feb 21 2002	Extension of time granted   To 3/28/2002 to file reply brief. Asst. State PD Love anticipates filing the brief by 3/28/2002. No further extension will be granted.
Mar 28 2002	Appellant's reply brief filed   (102 pp.)
Apr 19 2002	Counsel's status report received (confidential)
May 15 2002	Motion filed   by applt. to unseal records.
Jun 12 2002	Order filed   Good cause appearing, appellant's "Motion to Unseal Records" filed in this court on May 15, 2002, is granted. The clerk is directed to unseal, and to transmit to appellant, copies of the following: pages 2062 through 2066 of the clerk's transcript, pages 2 through 17 of the reporter's transcript of proceedings on September 13, 1988, and pages 18 through 43 of the reporter's transcript of proceedings on September 16, 1988.
Jun 26 2002	Related habeas corpus petition filed (concurrent)   No. S107856.
Apr 7 2003	Oral argument letter sent   advising counsel that case could be scheduled for oral argument as early as the May calendar, to be held in S.F. the week of May 27, 2003. Any request for additional time to argue, notification of requirement for two counsel, or advisement of "focus issues" due no later than 10 days after the case has bee set for oral argument.
Apr 30 2003	Case ordered on calendar   5-29-03, 1:30pm, S.F.
May 9 2003	Filed letter from:   Appellant's counsel, dated 5/9/2003, re focus issues for oral argument.
May 14 2003	Filed letter from:   Respondent's counsel, dated 5/14/2003, re focus issues for oral argument.
May 15 2003	Filed letter from:   Appellant's counsel, dated 5/15/2003, re focus issues for oral argument.
May 29 2003	Cause argued and submitted
Aug 25 2003	Opinion filed: Judgment affirmed in full   OPINION BY: Kennard, J George, C.J., Baxter, Werdegar, Chin, Brown, Moreno, JJ. CONCURRING OPINION BY: Moreno, J.
Sep 9 2003	Rehearing petition filed   by appellant. (16 pp.)
Sep 10 2003	Time extended to consider modification or rehearing   to 11/21/2003, or the date upon which rehearing is either granted or denied, whichever occurs first.
Oct 29 2003	Rehearing denied   Petition for rehearing denied. Opinion modified. Moreno, J., is of the opinion the petition should be granted.
Oct 29 2003	Opinion modified - no change in judgment
Oct 29 2003	Remittitur issued (AA)
Nov 5 2003	Received:   Acknowledgment of receipt of remittitur.
Feb 3 2004	Received letter from:   U.S.S.C., dated 1/29/2004, advising cert petition filed as No. 03-8616.
Apr 23 2004	Certiorari denied by U.S. Supreme Court

Briefs
Jun 29 2000	Appellant's opening brief filed
Aug 10 2001	Respondent's Brief filed. (125 Pp.)
Mar 28 2002	Appellant's reply brief filed

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