Citation 46 Cal. 4th 339 46 Cal. 4th 1006a-modification

People v. Curl

Automatic appeal from a judgment of death.

Filed 7/8/09





IN THE SUPREME COURT OF CALIFORNIA
THE PEOPLE,
Plaintiff and Respondent,
S034072
v.
ROBERT ZANE CURL,
Fresno County
Defendant and Appellant.
Super. Ct. No. 380748-4
___________________________________ )

ORDER MODIFYING OPINION
THE COURT:
The opinion herein, filed on May 18, 2009, appearing at 46 Cal.4th 339, is
modified as follows:
Footnote 16 on page 360 is modified to read:
We deny defendant’s request that we judicially notice a report of the 1989-1990 Los
Angeles County Grand Jury regarding the involvement of jailhouse informants in the
criminal justice system in Los Angeles County. Because defendant failed to establish an
adequate foundation that DeSoto was the type of informant covered by the report (by, for
example, presenting evidence he was a repeat inmate informant), the report is irrelevant.
(Mangini v. R. J. Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063 [31 Cal.Rptr.2d
358, 875 P.2d 73] [“Although a court may judicially notice a variety of matters (Evid.
Code, § 450 et seq.), only relevant material may be noticed.”].)
This modification does not affect the judgment.
Opinion Information
Date: Citation: Docket Number: Category: Status:
Wed, 07/08/2009 46 Cal. 4th 339 46 Cal. 4th 1006a-modification S034072M Automatic Appeal closed; remittitur issued
Parties
1 Curl, Robert Zane (Appellant)
San Quentin State Prison
Represented by Habeas Corpus Resource Center
Michael Laurence, Executive Director
303 Second Street, Suite 400 South
San Francisco, CA
2 Curl, Robert Zane (Appellant)
San Quentin State Prison
Represented by Office Of The State Public Defender-Sac
Musawwir Spiegel, deputy
801 K Street, Suite 1100
Sacramento, CA
3 Curl, Robert Zane (Appellant)
San Quentin State Prison
Represented by Musawwir Spiegel
Attorney at Law
P.O. Box 1756
Davis, CA
4 The People (Respondent)
Represented by Jennevee Han Deguzman
Office of the Attorney General
1300 I Street, Suite 125
Sacramento, CA
5 The People (Respondent)
Represented by Attorney General - Sacramento Office
Jennifer M. Poe, Deputy Attorney General
P.O. Box 944255
Sacramento, CA
Disposition
May 18 2009 Opinion: Affirmed
Dockets
Jul 15 1993 Judgment of death
Jul 26 1993 Filed certified copy of Judgment of Death Rendered
7-15-93.
Aug 2 1993 Application for Extension of Time filed
By Court Reporter Joan Ellis to Complete R.T.
Aug 9 1993 Application for Extension of Time filed
By CSR Vicki E. Vaughan to Complete R.T.
Aug 9 1993 Application for Extension of Time filed
By CSR Jean Graveline to Complete R.T.
Aug 10 1993 Extension of Time application Granted
To Court Reporters (Jean Graveline and Vicki E. Vaughan) To 10-4-93 To Complete R.T.
Aug 11 1993 Extension of Time application Granted
To Court Reporter (Joan Ellis) To 9-3-93 To Complete R.T.
Oct 4 1993 Application for Extension of Time filed
By Court Reporter Vicki Vaughan to Complete R.T.
Oct 4 1993 Application for Extension of Time filed
By Court Reporter Jean Graveline to Complete R.T.
Oct 4 1993 Application for Extension of Time filed
By Court Reporter Judith Mitchell to Complete R.T.
Oct 8 1993 Extension of Time application Granted
To Court Reporters To 10-19-93 To Complete R.T.
Sep 3 1998 Filed:
Request by Counsel for Dual representation appointment.
Sep 3 1998 Filed:
Request by Inmate for Dual representation.
Sep 4 1998 Counsel appointment order filed
Donald J. Horvath Is appointed to represent Applt for Both the direct Appeal & Related State Habeas Corpus/Executive Clemency Proceedings.
Sep 14 1998 Application for Extension of Time filed
By Applt to request correction of the Record.
Sep 15 1998 Extension of Time application Granted
To Applt To 11-30-98 To request Corr. of Record.
Sep 18 1998 Filed:
Suppl Proof of Service of Applic. for Ext. of time to request correction of Record.
Nov 23 1998 Application for Extension of Time filed
By Applt to request correction of the Record.
Nov 24 1998 Extension of Time application Granted
To Applt To 1-29-99 To request Corr. of Record.
Nov 30 1998 Filed:
(Additional) Proof of Service of request for Eot.
Jan 28 1999 Application for Extension of Time filed
By Applt to request correction of the Record.
Feb 19 1999 Filed:
Suppl Decl of Donald Horvath in support of request for Eot.
Feb 23 1999 Extension of Time application Granted
To 3-30-99 To request Record correction
Mar 29 1999 Application for Extension of Time filed
By Applt to request correction of the Record.
Mar 29 1999 Extension of Time application Granted
To 6-1-99 To request Record correction
Jun 1 1999 Application for Extension of Time filed
By Applt to request correction of the Record.
Jun 10 1999 Extension of Time application Granted
To 8-2-99 To request Record correction
Jul 19 1999 Application for Extension of Time filed
By Applt to request correction of the Record.
Jul 21 1999 Extension of Time application Granted
To 10-1-99 To request Record correction.
Oct 4 1999 Application for Extension of Time filed
By Applt to request Corr. of the Record.
Oct 6 1999 Extension of Time application Granted
To 12/1/99 To Applt To request Corr. of the Record
Nov 29 1999 Application for Extension of Time filed
By Applt to request Corr. of the Record.
Nov 30 1999 Compensation awarded counsel
Atty Horvath
Dec 6 1999 Filed:
Suppl Proof of Service
Dec 13 1999 Extension of Time application Granted
To 1/31/2000 To Applt To request Corr. of the Record.
Jan 28 2000 Application for Extension of Time filed
To request Corr. of the Record.
Feb 4 2000 Extension of Time application Granted
To 3/31/2000 To Applt To request Corr. of the Record.
Mar 31 2000 Application for Extension of Time filed
By Applt to request Corr. of the Record.
Apr 11 2000 Extension of Time application Granted
To Applt To 5/30/2000 To request Corr. of the Record. no further Eot Are Contemplated.
May 30 2000 Application for Extension of Time filed
By Applt to request Corr. of the Record.
Jun 1 2000 Extension of Time application Granted
To 7/31/2000 To Applt To request Corr. of the Record. no further Eot will be Granted.
Aug 21 2000 Received:
Copy of applt's request for sequential designation of the record, corr. of transcripts, additional record on appeal, to examine sealed transcripts and to settle the record. (19 pp.)
Nov 15 2000 Filed:
applic. of atty Donald Horvath to be relieved of his appointment (as counsel for applt).
Nov 28 2000 Received letter from:
atty Donald Horvath, dated 11-28-2000, requesting to withdraw his motion to be relieved as counsel for applt. (note: received by FAX).
Nov 29 2000 Order filed:
Upon request of appointed counsel Donald J. Horvath, the application to be relieved as counsel of record for appellant Robert Zane Curl, filed November 15, 2000, is ordered withdrawn.
Dec 8 2000 Filed:
application of attorney Donald Horvath to be relieved of his appointment (as counsel for applt.)
Apr 27 2001 Filed:
"Amendment to the last filed applicaton of Atty Horvath to be relieved of his appointment in this case"
May 2 2001 Order appointing State Public Defender filed
The order appointing Donald J. Horvath as counsel of record for appellant Robert Zane Curl, filed September 4, 1998, is hereby vacated. The State Public Defener is hereby appointed to represent Robert Zane Curl for the direct appeal in the above automatic appeal now pending in this court. Michael G. Millman, as Executive Director of the California Appellate Project, is hereby appointed to serve as interim habeas corpus/executive clemency counsel of record for appellant Robert Zane Curl. The application of Donald J. Horvath to be relieved of his appointment, filed December 8, 2000, is dismissed as moot. Donald J. Horvath is directed to deliver to the State Public Defender, within 30 days from the filing of this order, his copy of the record on appeal in People v. Curl, all appellate work product, and all habeas corpus investigation work product. Mr. Horvath also is directed to deliver to the State Public Defender, within 30 days from the filing of this order, all trial files, reports and related materials that he has obtained from appellant's trial counsel, paralegals, experts and investigators, or from any other source.
Sep 4 2001 Counsel's status report received (confidential)
from State P.D.
Nov 7 2001 Counsel's status report received (confidential)
from State P.D.
Jan 7 2002 Counsel's status report received (confidential)
from State P.D.
Mar 8 2002 Counsel's status report received (confidential)
from State P.D.
Apr 2 2002 Received copy of appellant's record correction motion
received copy of applt's supplemental request for correction and completion of the record (filed in the trial court.) (27 pp.)
May 8 2002 Counsel's status report received (confidential)
from State P.D.
Jul 9 2002 Counsel's status report received (confidential)
from State P.D.
Aug 8 2002 Order filed
The order appointing Michael G. Millman, as Executive Director of the California Appellate Project, to serve as interim habeas corpus/executive clemency counsel of record for appellant Robert Zane Curl, filed 5-2-2001, is hereby vacated. Kevin G. Little is hereby appointed to represent appellant Curl for habeas corpus/executive clemency proceedings related to the automatic appeal now pending in this court.
Sep 9 2002 Counsel's status report received (confidential)
from State P.D.
Oct 9 2002 Counsel's status report received (confidential)
from attorney Little.
Nov 12 2002 Counsel's status report received (confidential)
from State P.D.
Dec 9 2002 Motion to withdraw as counsel filed
by the Office of the State Public Defender.
Dec 10 2002 Motion for appointment of counsel filed
by Musawwir Spiegel.
Dec 12 2002 Counsel's status report received (confidential)
from atty Little.
Dec 18 2002 Counsel appointment order filed
Good cause appearing, the application of appointed appellate counsel for permission to withdraw as attorney of record for appellant Robert Zane Curl, filed December 9, 2002, is granted. The order appointing the State Public Defender as appellate counsel of record for appellant Robert Zane Curl, filed May 2, 2001, is hereby vacated. Musawwir Spiegel is hereby appointed as attorney of record to represent appellant Robert Zane Curl for the direct appeal in the above automatic appeal now pending in this court. The State Public Defender is directed to deliver to Musawwir Spiegel, within 30 days from the filing of this order, the entire case file relating to appellant's automatic appeal currently in the State Public Defender's possession, including, but not limited to, the reporter's and clerk's transcripts, all case files and documents obtained from appellant's trial counsel, and all other case-related documents, including copies of all documents filed in this court.
Jan 22 2003 Compensation awarded counsel
Atty Little
Jan 24 2003 Counsel's status report received (confidential)
from atty Spiegel.
Feb 6 2003 Counsel's status report received (confidential)
from atty Little.
Feb 13 2003 Compensation awarded counsel
Atty Little
Apr 9 2003 Counsel's status report received (confidential)
from atty Spiegel.
Apr 10 2003 Counsel's status report received (confidential)
from atty Little.
Apr 17 2003 Counsel's status report received (confidential)
(amended report) from atty Little.
Apr 24 2003 Record on appeal filed
Clerk's transcript 37 volumes (9837 pp.) and reporter's transcript 55 volumes (6084 pp.) including matrerial under seal. Clerk's transcript includes 1868 pp. of juror questionnaires.
Apr 24 2003 Appellant's opening brief letter sent, due:
June 3, 2003.
May 7 2003 Compensation awarded counsel
Atty Little
May 29 2003 Request for extension of time filed
to file appellant's opening brief. (1st request)
May 29 2003 Extension of time granted
to 8/4/2003 to file appellant's opening brief.
Jun 5 2003 Counsel's status report received (confidential)
from atty Little.
Jun 11 2003 Counsel's status report received (confidential)
from atty Spiegel.
Jun 18 2003 Compensation awarded counsel
Atty Spiegel
Jul 28 2003 Request for extension of time filed
to file AOB. (2nd request)
Jul 31 2003 Extension of time granted
to 10-3-2003 to file AOB. The court anticipates that after that date, only three further extensions totaling 180 additional days will be granted. Counsel is ordered to inform his or her assisting attorney or entity, if any, and any assisting attorney or entity of any separate counsel of record, of this schedule, and to take all steps necessary to meet it.
Aug 6 2003 Counsel's status report received (confidential)
from atty Little.
Aug 27 2003 Compensation awarded counsel
Atty Little
Sep 23 2003 Request for extension of time filed
to file appellant's opening brief. (3rd request)
Sep 26 2003 Extension of time granted
to 12/2/2003 to file appellant's opening brief. The court anticipates that after that date, only two further extensions totaling 120 additional days will be granted. Counsel is ordered to inform his or her assisting attorney or entity if any, and any assisting attorney or entity of any separate counsel of record, of this schedule, and to take all steps necessary to meet it.
Oct 9 2003 Counsel's status report received (confidential)
from attorney Little.
Oct 14 2003 Counsel's status report received (confidential)
from attorney Spiegel.
Nov 24 2003 Request for extension of time filed
to file appellant's opening brief. (4th request)
Nov 26 2003 Extension of time granted
to 2/2/2004 to file appellant's opening brief. The court anticipates that after that date, only one further extension totaling 60 additional days will be granted. Counsel is ordered to inform his or her assisting attorney or entity, if any, and any assisting attorney or entity of any separate counsel of record, of this schedule, and to take all steps necessary to meet it.
Dec 5 2003 Counsel's status report received (confidential)
from atty Little.
Dec 16 2003 Counsel's status report received (confidential)
from atty Spiegel.
Jan 23 2004 Request for extension of time filed
to file appellant's opening brief. (5th request)
Jan 28 2004 Extension of time granted
to 4-2-2004 to file AOB. The court anticipates that after that date, no further extension will be granted. Counsel is ordered to inform his or her assisting attorney or entity, if any, and any assisting attorney or entity of any separate counsel of record, of this schedule, and to take all steps necessary to meet it.
Feb 4 2004 Counsel's status report received (confidential)
from atty Little.
Feb 23 2004 Counsel's status report received (confidential)
from atty Spiegel.
Mar 23 2004 Request for extension of time filed
to file appellant's opening brief. (6th request)
Mar 30 2004 Extension of time granted
to 6-1-204 to file AOB. After that date, no further extension will be granted. Extension granted based upon counsel Musawwir Spiegel's representation that he anticipates filing the brief by 6-1-2004.
Apr 1 2004 Motion filed (AA)
Appellant's motion (by habeas corpus counsel Kevin Little) for (1) the court-ordered disqualification of the Hon. Stephen J. Kane; (2) the court-ordered disqualification of the Fresno County Superior Court; and (3) for a change of venue due to court-ordered disqualification (C.C.P., sections 170.1, 170.3).
Apr 5 2004 Counsel's status report received (confidential)
from atty Little.
Apr 22 2004 Counsel's status report received (confidential)
from atty Spiegel.
Apr 28 2004 Filed:
Appellant's reply (by habeas corpus counsel Kevin Little) in support of motion for (1) court-ordered disqualification of Hon. Stephen J. Kane; (2) court-orddered disqualification of Fresno County Superior Court; and (3) change of venue due to court-ordered disqualification (C.C.P. sections 170.1, 170.3)
May 4 2004 Counsel's status report received (confidential)
from atty Spiegel.
May 6 2004 Filed:
Appellant's supplemental reply (by habeas corpus counsel Kevin G. Little) re: motion for the voluntary or court ordered disqualification of the Hon. Stephen J. Kane and the Fresno County Superior Court; and for a change of venue due to voluntary court ordered disqualification (C.C.P. sec. 170.1,170.3, 170.8)
May 19 2004 Request for extension of time filed
to file appellant's opening brief. (7th request)
May 25 2004 Extension of time granted
to 7-16-2004 to file AOB. After that date, no further extension will be granted. Extension granted based upon counsel Musawwir Spiegel's representation that he anticipates filing the brief by 7-16-2004.
Jun 7 2004 Counsel's status report received (confidential)
from atty Little.
Jun 10 2004 Filed:
Declaration of attorney Kevin G. Little (confidential).
Jun 14 2004 Filed:
Respondent's letter response to habeas corpus counsel's motion for disqualification of Hon. Stepahen J. Kane; the Fresno County Superior Court or change of venue.
Jun 15 2004 Compensation awarded counsel
Atty Little
Jun 17 2004 Filed:
letter from respondent, dated 6-17-204, re: petitioner's disqualification motion.
Jun 24 2004 Motion for access to sealed record filed
motion by appellant for release of confidential files and materials.
Jun 25 2004 Filed letter from:
Attorney Kevin G. Little, dated 6/23/2004, in response to respondent's letter of 6/17/2004.
Jun 28 2004 Filed:
Supplemental proof of service of appellant's motion for release of confidential files and materials.
Jun 30 2004 Counsel's status report received (confidential)
from atty Spiegel.
Jul 1 2004 Filed:
"Corrected Application for Release of Confidential Files and Materials; Declaration of Kevin G. Little."
Jul 7 2004 Request for extension of time filed
to file AOB. (8th request)
Jul 8 2004 Filed:
Supplemental declaration in support of application for extension of time to file appellant's opening brief.
Jul 12 2004 Extension of time granted
to 9-14-2004 to file AOB. After that date, no further extension will be granted. Extension granted based upon counsel Musawwir Spiegel's representation that he anticipates filing the brief by 9-14-2004.
Jul 21 2004 Motion denied
Appellant's "Motion for (1) The Court-Ordered Disqualification of the Hon. Stephen J. Kane; (2) the Court-Ordered Disqualification of the Fresno County Superior Court; and (3) For a Change of Venue Due to Court-Ordered Disqualification," filed on April 1, 2004, is denied.
Aug 4 2004 Counsel's status report received (confidential)
from atty Little.
Aug 19 2004 Received:
letter from atty Little, dated 8-16-2004, re confidential material.
Sep 1 2004 Order filed
The "Application for Release of Confidential Files and Materials," filed on June 24, 2004, is granted in part and denied in part without prejudice as follows: Based on representations contained in counsel's letters dated August 10 and 16, 2004, the application is granted to the extent it requests access to volume 4 of the Supplemental Clerk's Transcript. The clerk is directed to send a copy volume to counsel. In all other respects, the application is denied without prejudice to its renewal on a showing of good cause and that counsel unsuccessfully sought access to the requested materials from counsel appointed to represent appellant on direct appeal.
Sep 8 2004 Request for extension of time filed
to file appellant's opening brief. (9th request)
Sep 10 2004 Motion to augment record filed (AA)
by appellant for augmentation of appellate record.
Sep 10 2004 Extension of time granted
to 10/15/2004 to file appellant's opening brief. Extension is granted based upon counsel Musawwir Spiegel's representation that he anticipates filing that brief by 10/15/2004. After that date, no further extension will be granted.
Sep 29 2004 Request for extension of time filed
to file AOB. (10th request)
Oct 1 2004 Motion for access to sealed record filed
Second application for release of confidential files and materials; declaration of atty Kevin G. Little.
Oct 5 2004 Extension of time granted
to 12/14/04 to file appellant's opening brief. After that date, only one further extensions totaling about 30 additional days is contemplated.
Oct 7 2004 Counsel's status report received (confidential)
from atty Little.
Oct 13 2004 Record augmentation granted
Appellant's "Motion for Augmentation of Appellate Record, filed on September 10, 2004," is granted. The clerk is directed to file, as part of the record on appeal, the document entitled "Request for Stay, Petition for Writ of Mandate, Prohibition or Other Appropriate Relief; Memorandum of Points and Authorities." The court will treat the document as a true copy of the document bearing that title that was filed in the Court of Appeal, Fifth Appellate District, on October 21, 1988, in the action entitled Robert Zane Curl v. Superior Court of the State of California for the County of Fresno, No. F011191.
Oct 14 2004 Received:
copy of appellant's supplemental motion for post-conviction discovery and examination of physical evidence (filed in superior court).
Oct 26 2004 Filed:
respondent's "Letter Brief to California Supreme Court" in response to appellant's motion filed on 10/1/2004.
Nov 4 2004 Filed:
Atty Kevin Little's "Reply Brief re: Second Application for Release of Confidential Files and Materials."
Dec 7 2004 Counsel's status report received (confidential)
from atty Little.
Dec 8 2004 Request for extension of time filed
to file appellant's opening brief. (11th request)
Dec 10 2004 Extension of time granted
to 2/14/2005 to ifle appellant's opening brief. After that date, no further extension is contemplated.
Jan 19 2005 Motion for access to sealed record granted
The "Second Application for Release of Confidential Files and Materials," filed on October 1, 2004, is granted in part and denied in part as follows: To the extent appellant seeks the release of Reporter's Transcript on Appeal volume 3, pages 838 to 842; Augmented Reporter's Transcript on Appeal volume IX, pages 1301 through 1400; and Augmentation to Reporter's Transcript on Appeal, volume XI, pages 1501-1515, the application is granted as follows: The clerk of this court is directed to redact the materials to omit reference to specific locations where witnesses were housed and to an unrelated case, and to provide each party with a copy of those materials as so redacted. In all other respects, the application is denied, either because the request is duplicative of the materials ordered above to be provided to the parties, because the requested materials are in the public portion of the record, or because the requested materials appear not to exist.
Feb 7 2005 Counsel's status report received (confidential)
from atty Little.
Feb 9 2005 Request for extension of time filed
to file appellant's opening brief. (12th request)
Feb 15 2005 Extension of time granted
to 2/28/2005 to file appellant's opening brief. Extension is granted based upon counsel Musawwir Spiegel's representation that he anticipates filing that brief by 2/28/2005. After that date, no further extension will be granted.
Feb 28 2005 Appellant's opening brief filed
(81,823 words; 254 pp.)
Mar 2 2005 Request for judicial notice filed (AA)
Appellant's Motion to take judicial notice.
Mar 16 2005 Compensation awarded counsel
Atty Spiegel
Mar 28 2005 Request for extension of time filed
to file respondent's brief. (1st request)
Apr 4 2005 Extension of time granted
to 5/31/2005 to file respondent's brief.
Apr 7 2005 Counsel's status report received (confidential)
from atty Little.
Apr 19 2005 Counsel's status report received (confidential)
(supplemental) from atty Little.
Apr 19 2005 Received:
Letter from atty Spiegel, dated 4/16/2005, advising he will be out of the country and unreachable from 4/17/2005 through 4/29/2005.
Apr 27 2005 Compensation awarded counsel
Atty Little
May 26 2005 Request for extension of time filed
to file respondent's brief. (2nd request)
Jun 2 2005 Extension of time granted
to 8/1/2005 to file respondent's brief. After that date, only one further extension totaling about 30 additional days will be granted. Extension is granted based upon Deputy Attorney General Jennifer M. Poe's representation that she anticipates filing that brief by 8/31/2005.
Jun 13 2005 Filed:
Supplemental declaration of service of application for extension of time to file respondent's brief.
Jul 29 2005 Request for extension of time filed
to file respondent's brief. (3rd request)
Aug 4 2005 Extension of time granted
to 8/31/2005 to file respondent's brief. Extension is granted based upon Deputy Attorney General Jennifer M. Poe's representation that she anticipates filing that brief by 8/31/2005. After that date, no further extension will be granted.
Aug 17 2005 Counsel's status report received (confidential)
from atty Little.
Aug 24 2005 Opposition filed
respondent's opposition to appellant's motion to take judicial notice.
Aug 31 2005 Respondent's brief filed
(56245 words; 174 pp.)
Sep 14 2005 Request for extension of time filed
to file appellant's reply brief. (1st request)
Sep 15 2005 Extension of time granted
to 11/21/2005 to file appellant's reply brief.
Oct 5 2005 Counsel's status report received (confidential)
from atty Little.
Nov 15 2005 Request for extension of time filed
to file appellant's reply brief. (2nd request)
Nov 23 2005 Extension of time granted
to 1/20/2006 to file appellant's reply brief. After that date, only three further extensions totaling about 160 additional days will be granted. Extension is granted based upon counsel Musawwir Spiegel's representation that he anticipates filing that brief by 7/1/2006.
Dec 12 2005 Counsel's status report received (confidential)
from atty Little.
Jan 17 2006 Request for extension of time filed
to file appellant's reply brief. (3rd request)
Jan 20 2006 Extension of time granted
to 3/21/2006 to file appellant's reply brief. After that date, only two further extensions totaling about 100 additional days will be granted. Extension is granted based upon counsel Musawwir Spiegel's representation that he anticipates filing that brief by 7/1/2006.
Feb 14 2006 Counsel's status report received (confidential)
from atty Little.
Mar 8 2006 Compensation awarded counsel
Atty Little
Mar 13 2006 Request for extension of time filed
to file appellant's reply brief. (4th request)
Mar 16 2006 Extension of time granted
to May 22, 2006 to file appellant's reply brief. After that date, only one further extension totaling about 40 additional days will be granted. Extension is granted based upon counsel Musawwir Spiegel's representation that he anticipates filing that brief by July 1, 2006.
Apr 19 2006 Counsel's status report received (confidential)
from atty Little.
May 17 2006 Request for extension of time filed
to file appellant's reply brief. (5th request)
May 22 2006 Extension of time granted
to July 21, 2006 to file reply brief. Extension is granted based upon counsel Musawwir Spiegel's representation that he anticipates filing that brief by July 21, 2006. After that date, no further extension will be granted.
Jun 14 2006 Counsel's status report received (confidential)
from atty Little.
Jul 12 2006 Request for extension of time filed
to file appellant's reply brief. (6th request)
Jul 18 2006 Extension of time granted
to August 21, 2006 to file appellant's reply brief. Extension is granted based upon counsel Musawwir Spiegel's representation that he anticipates filing that brief by August 21, 2006. After that date, no further extension is contemplated.
Aug 7 2006 Counsel's status report received (confidential)
from atty Little.
Aug 14 2006 Request for extension of time filed
to file appellant's reply brief. (7th request)
Aug 16 2006 Extension of time granted
to September 20, 2006 to file the appellant's reply brief. After tht date, no further extension is contemplated. Extension is granted based upon counsel Mussawir Spiegel's representation that he anticipates filing that brief by September 20, 2006.
Sep 12 2006 Request for extension of time filed
to file appellant's reply brief. (8th request)
Sep 14 2006 Extension of time granted
to October 20, 2006 to file appellant's reply brief. Extension is granted based upon counsel Musawwir Spiegel's representation that he anticipates filing that brief by October 20, 2006. After that date, no further extension will be granted.
Oct 5 2006 Counsel's status report received (confidential)
from atty Little.
Oct 18 2006 Appellant's reply brief filed
(30,313 words; 107 pp.)
Oct 23 2006 Filed:
supplemental declaration of service of appellant's reply brief.
Nov 9 2006 Compensation awarded counsel
Atty Spiegel
Nov 29 2006 Compensation awarded counsel
Atty Little
Dec 7 2006 Counsel's status report received (confidential)
from atty Little.
Dec 8 2006 Compensation awarded counsel
Atty Little
Dec 8 2006 Received:
letter from atty Musawwir Spiegel, dated December 7, 2006, advising that he will be unavailable during the period of December 15, 2006 through January 14, 2007.
Jun 18 2007 Counsel's status report received (confidential)
from atty Little.
Oct 24 2007 Withdrawal of counsel allowed by order
In conjunction with the order filed this day vacating the appointment of Kevin G. Little as habeas corpus/executive clemency counsel of record for appellant Robert Zane Curl in the above automatic appeal now pending in this court, this court retains jurisdiction to consider whether to order Little to reimburse this court for fixed fees previously paid but unearned, subject to Little's ability to demonstrate to the court that he should be credited, as appropriate, for habeas corpus "work performed that is determined by the court to be of value to the court." (See "Guidelines for Fixed Fee Appointments, on Optional Basis, to Automatic Appeals and Related Habeas Corpus Proceedings in the California Supreme Court," guideline 11 ["Court Action Upon Nonperformance of Work, and Reimbursement of Fees Upon Authorized Withdrawal of Appointed Counsel"], subpt. B.)
Oct 24 2007 Counsel appointment order filed
On the court's own motion, the order appointing Kevin G. Little as habeas corpus/executive clemency counsel of record for appellant Robert Zane Curl, filed August 8, 2002, is hereby vacated. Michael G. Millman, as Executive Director of the California Appellate Project in San Francisco, is hereby appointed to serve as interim habeas corpus/executive clemency counsel of record for appellant Robert Zane Curl. Little is hereby directed to deliver to Executive Director Millman, within 60 days from the filing of this order, all case transcripts, case files, habeas corpus investigation work product, trial files, investigation reports, 60-day status reports, and all related materials that he has obtained from appellant or from his appellate or trial counsel, paralegals, experts and investigators, or from any other source.
Jun 16 2008 Received:
letter from attorney Spiegel, dated June 13, 2008, advising the court of dates when counsel will be unavailable this summer.
Dec 10 2008 Oral argument letter sent
advising counsel that the court could schedule this case for argument as early as the February calendar, to be held the week of February 2, 2009 in Sacramento. The advisement of "focus issues," notification that two counsel are required, and any request for oral argument time in excess of 30 minutes must be submitted to the court within 10 days of the order setting the case for argument.
Jan 29 2009 Order appointing Habeas Corpus Resource Center filed
The order appointing Michael G. Millman, as Executive Director of the California Appellate Project, to serve as interim habeas corpus/executive clemency counsel of record for appellant Robert Zane Curl, filed October 24, 2007, is hereby vacated. On the court's own motion, the Habeas Corpus Resource Center is hereby appointed to represent appellant Robert Zane Curl for habeas corpus/executive clemency proceedings related to the above automatic appeal now pending in this court. Any "petition for writ of habeas corpus will be presumed to be filed without substantial delay if it is filed . . . within 36 months" of this date (Supreme Ct. Policies Regarding Cases Arising From Judgments of Death, policy 3, timeliness std. 1-1.1), and it will be presumed that any successive petition filed within that period is justified or excused (see In re Clark (1993) 5 Cal.4th 750, 774-782), in light of prior habeas corpus/executive clemency counsel Kevin G. Little's inability to discharge his duty to investigate and, if appropriate, present a habeas corpus petition on behalf of appellant Robert Zane Curl, and this court's delay in appointing replacement habeas corpus/executive clemency counsel.
Feb 3 2009 Case ordered on calendar
to be argued on Wednesday, March 4, 2009, at 1:30 p.m., in San Francisco
Feb 5 2009 Filed:
Letter dated February 4, 2009, advising the court that responsibility for oral argument scheduled for March 4, 2009, has been reassigned from Jennifer Poe, Deputy Attorney General to Jennevee H. DeGuzman, Deputy Attorney General.
Feb 10 2009 Filed:
appellant's focus issue letter, dated February 9, 2009, in which counsel also requests that he be allocated 45 minutes for argument.
Feb 13 2009 Received:
appearance sheet from Attorney Musawwir Spiegel, indicating 45 minutes for oral argument for appellant.
Feb 17 2009 Filed:
respondent's focus issues letter, dated February 13, 2009, in which counsel also requests that she be allocated 45 minutes for argument.
Feb 23 2009 Filed:
appellant's additional focus issues letter dated February 20, 2009.
Mar 4 2009 Cause argued and submitted
Mar 27 2009 Counsel's status report received (confidential)
from HCRC.
May 15 2009 Notice of forthcoming opinion posted
May 18 2009 Opinion filed: Judgment affirmed in full
opinion by Moreno, J. ----- joined by George, C.J., Kennard, Werdegar, Chin, Corrigan and Needham(CA 1 assigned) JJ.
May 22 2009 Counsel's status report received (confidential)
Jun 3 2009 Rehearing petition filed
(1,625 words; 9 pp.) (Appellant's petition for rehearing is timely filed pursuant to California Rules of Court, rule 8.25(b)(3)(A). The petition for rehearing was sent USPS, Priority Mail on June 2, 2009.)
Jun 9 2009 Time extended to consider modification or rehearing
The time for granting or denying rehearing in the above-entitled case is hereby extended to and including August 14, 2009, or the date upon which rehearing is either granted or denied, whichever occurs first.
Jul 1 2009 Received:
Letter from attorney Musawwir Spiegel, dated June 30, 2009, advising the court he will be unavailable from July 24 to August 27, 2009.
Jul 8 2009 Rehearing denied; opinion modified
Baxter, J., was recused and did not participate.
Jul 8 2009 Remittitur issued
Jul 15 2009 Received:
acknowledgment for receipt of remittitur from superior court.
Jul 21 2009 Counsel's status report received (confidential)
Briefs
Feb 28 2005 Appellant's opening brief filed
(81,823 words; 254 pp.)
Aug 31 2005 Respondent's brief filed
(56245 words; 174 pp.)
Oct 18 2006 Appellant's reply brief filed
(30,313 words; 107 pp.)

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