Stanford Law School - Robert Crown Law Library

Filed 8/26/09

IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE,
Plaintiff and Respondent,
S056425
v.
RICHARD ALLEN DAVIS,
Santa Clara County
Defendant and Appellant.
Super. Ct. No. 186000
____________________________________)

BY THE COURT:
MODIFICATION OF OPINION
The opinion herein, filed on June 1, 2009, and appearing at 46 Cal.4th 539, is
modified as follows:
Immediately after the sentence on the bottom of page 595 that states, “Under
these extraordinary circumstances, Sergeant Meese’s inquiry did not violate the high
court’s decisions in Miranda, supra, 384 U.S. 436, and Edwards, supra, 451 U.S.
477,” the following sentence is added: “And, contrary to defendant’s contention in
his petition for rehearing, nothing in the United States Supreme Court’s recent
decision in Montejo v. Louisiana (2009) 544 U.S. ___ [129 S. Ct. 2079] compels a
different conclusion.”
This modification does not affect the judgment.

1

---

Automatic appeal from a judgment of death.

Opinion Information

Date:	Citation:	Docket Number:	Category:	Status:
Wed, 08/26/2009	46 Cal. 4th 539, 208 P.3d 78, 94 Cal. Rptr. 3d 322	S056425M	Automatic Appeal	closed; remittitur issued

Disposition
Jun 1 2009	Opinion: Affirmed

Dockets
Sep 26 1996	Judgment of death
Oct 1 1996	Filed certified copy of Judgment of Death Rendered September 26, 1996. (note: change of venue from Sonoma County)
Oct 28 1996	Application for Extension of Time filed By Court Reporter Linda Cytron to Complete R.T.
Oct 28 1996	Application for Extension of Time filed By Court Reporter Cindy Mohr to Complete R.T.
Oct 30 1996	Extension of Time application Granted To Court Reporters To 12-16-96 To Complete R.T.
Nov 18 1996	Application for Extension of Time filed By Sonoma County Court Reporters to Complete R.T.
Nov 21 1996	Extension of Time application Granted To Sonoma County Court Reporters To 12-16-96 To Complete R.T.
Dec 19 1996	Application for Extension of Time filed By Sonoma County Court Reporters to Complete R.T.
Dec 23 1996	Extension of Time application Granted To Sonoma County Court Reporters To January 15, 1997 To Complete R.T.
Jan 17 1997	Application for Extension of Time filed By Sonoma Co. Court Reporters to Complete R.T.
Jan 21 1997	Extension of Time application Granted To Sonoma Co. Court Reporters To 2-18-97 To Complete R.T.
Oct 20 1999	Filed: Petition to Review all Documents filed by Applt Counsel (Pro Se Petition)
Dec 2 1999	Filed letter from: Applt; dated 11/29/99 Re Pro Se Petn. filed 10/20/99.
Dec 15 1999	Order filed: Appellant's motion, received October 19, 1999, entitled: "Petition to Bar State Level Death Penalty Appellate Attorneys From Filing Motions, Briefs, and/or Other Legal Documents, Upon the Petitioner/Appellant's Behalf, Without Petitioner/Appellant's Prior Review Within a Time Limit; For Petitioner/Appellant to Review and/or to Add Input and/or to Question Said Documents" is denied. Appellant's request, received December 2, 1999, requesting that this court rule on his earlier motion, which was received on October 19, 1999, is dismissed as moot.
May 10 2001	Filed: Applt.'s request that Phillip H. Cherney be appointed as counsel in the direct appeal and habeas corpus/clemency proceedings.
May 18 2001	Filed: Request of atty. Phillip H. Cherney for appointment in the direct appeal and habeas corpus/clemency proceedings.
Jun 13 2001	Counsel appointment order filed appointing Phillip H. Cherney to represent applt for both the direct appeal and related state habeas corpus/executive clemency proceedings.
Jun 13 2001	Compensation awarded counsel Atty Cherney
Jun 28 2001	Received: notice from superior court that record on appeal was mailed to applt's counsel on 6-27-2001.
Aug 14 2001	Counsel's status report received (confidential)
Sep 28 2001	Application for Extension of Time filed By applt. to request corr. of the record. (1st request)
Oct 3 2001	Extension of Time application Granted To 11/30/2001 to applt. to request corr. of the record.
Oct 15 2001	Counsel's status report received (confidential)
Nov 30 2001	Request for extension of time filed By applt. to request correction of the record. (2nd request)
Nov 30 2001	Extension of time granted To 1/29/2002 to applt. to request correction of the record.
Dec 21 2001	Counsel's status report received (confidential)
Dec 21 2001	Counsel's status report received (confidential) (supplemental)
Jan 28 2002	Request for extension of time filed By applt. to request correction of the record. (3rd request)
Jan 31 2002	Extension of time granted To 4/2/2002 to applt. to request correction of the record. The court anticipates only three further extensions totaling 180 will be granted.
Feb 21 2002	Counsel's status report received (confidential)
Apr 3 2002	Request for extension of time filed By applt. to request correction of the record. (4th request)
Apr 11 2002	Extension of time granted To 5/3/2002 to applt. to request correction of the record. The court anticipates that only two further extensions totaling 120 additonal days will be granted.
Apr 17 2002	Filed: The order filed on 4/11/2002 is amended to read as follows: Good cause appearing, counsel's request for an extension of time in which to request correction of the record in the superior court is granted to June 3, 2002. The court anticipates that after that date, only two further extensions totaling 120 additional days will be granted. Counsel is ordered to inform the Santa Clara County Superior Court and his or her assisting attorney or entity, if any, of this schedule, and take all steps necessary to meet this schedule.
Apr 23 2002	Counsel's status report received (confidential)
Jun 3 2002	Request for extension of time filed To applt. to request correction of the record. (5th request)
Jun 10 2002	Extension of time granted To 8/2/2002 to applt. to request correction of the record. The court anticipates that after that date, only one further extension totaling 60 additional days will be granted. Counsel is ordered to inform the Santa Clara County Superior Court and his assisting attorney of this schedule, and to take all steps necessary to meet it.
Jul 31 2002	Request for extension of time filed By applt.to request correction of the record. (6th request)
Aug 1 2002	Extension of time granted To 10/1/2002 to applt. to request correction of the record. The court anticipates that after that date, no further extension will be granted. Counsel is ordered to inform the Santa Clara County Superior Court and 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 take all steps necessary to meet this schedule.
Sep 13 2002	Counsel's status report received (confidential)
Sep 30 2002	Request for extension of time filed By appellant to request correction of the record. (7th request)
Oct 2 2002	Extension of time granted To 10/31/2002 to appellant to request correction of the record. Extension is granted based upon counsel Phillip H. Cherney's representation that he anticipates filing the request in the superior court by 10/31/2002. After that date, no further extension will be granted. Counsel for appellant is ordered to serve a copy of the record correction motion on this court upon its filing in the superior court.
Nov 1 2002	Received copy of appellant's record correction motion Application to correct, augment and settle the record. (17 pp.)
Nov 13 2002	Compensation awarded counsel Atty Cheney
Nov 18 2002	Counsel's status report received (confidential)
Jan 15 2003	Counsel's status report received (confidential)
Mar 18 2003	Counsel's status report received (confidential)
May 28 2003	Counsel's status report received (confidential)
Jun 11 2003	Compensation awarded counsel Atty Cherney
Jun 24 2003	Compensation awarded counsel Atty Cherney
Jul 30 2003	Counsel's status report received (confidential)
Sep 29 2003	Counsel's status report received (confidential)
Dec 3 2003	Counsel's status report received (confidential)
Feb 3 2004	Counsel's status report received (confidential)
Apr 2 2004	Counsel's status report received (confidential)
Apr 16 2004	Note: Certain portions of the record returned to trial court to correct defeciencies in CT re juror redaction and to prepare reporter's transcript index pursuant to Calif. Rules of Court, rule 9(2)(3). Record to be returned on or before 5/14/2004.
Apr 21 2004	Compensation awarded counsel Atty Cherney
May 18 2004	Compensation awarded counsel Atty Cherney
May 24 2004	Record on appeal filed Clerk's transcript 56 volumes (15966 pp.) and reporter's transcript 142 volumes (19264 pp.), including material under seal; ASCII disks. Clerk's trancript includes 8211 pp. of juror questionnaires.
May 24 2004	Appellant's opening brief letter sent, due: July 6, 2004.
Jun 1 2004	Counsel's status report received (confidential)
Jun 9 2004	Compensation awarded counsel Atty Cherney
Jul 6 2004	Request for extension of time filed to file appellant's opening brief. (1st request)
Jul 12 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 9/7/2004 to file appellant's opening brief.
Aug 30 2004	Request for extension of time filed to file appellant's opening brief. (2nd request)
Aug 30 2004	Counsel's status report received (confidential)
Aug 31 2004	Extension of time granted to 11-8-2004 to file AOB.
Nov 4 2004	Counsel's status report received (confidential)
Nov 4 2004	Request for extension of time filed to file appellant's opening brief. (3rd request)
Nov 5 2004	Extension of time granted to 1/7/2005 to file appellant's opening brief.
Jan 6 2005	Counsel's status report received (confidential)
Jan 6 2005	Request for extension of time filed to file appellant's opening brief. (4th request)
Jan 6 2005	Extension of time granted to 3/8/2005 to file appellant's opening brief.
Jan 31 2005	Counsel's status report received (confidential) (supplemental)
Feb 28 2005	Counsel's status report received (confidential)
Feb 28 2005	Request for extension of time filed to file appellant's opening brief. (5th request)
Mar 3 2005	Extension of time granted to 5/9/2005 to file appellant's opening brief. After that date, only one further extension totaling about 30 additional days will be granted. Extension is granted based upon counsel Phillip H. Cherney's representation that he anticipates filing that brief by the end of 5/2005.
May 4 2005	Request for extension of time filed to file appellant's opening brief. (6th request)
May 4 2005	Counsel's status report received (confidential)
May 11 2005	Extension of time granted to 7/8/2005 to file appellant's opening brief. Extension is granted counsel Phillip H. Cherney's representation that he anticipates filing that brief by 7/8/2005. After that date, no further extension will be granted.
May 11 2005	Compensation awarded counsel Atty Cherney
Jul 7 2005	Filed: appellant's application for permission to file oversized AOB. (brief submitted under separate cover)
Jul 11 2005	Order filed Appellant's application for permission to file oversized appellant's opening brief is granted.
Jul 11 2005	Appellant's opening brief filed (128,508 words; 482 pp.)
Jul 13 2005	Filed: Declaration of attorney Phillip H. Cherney pursuant to P.C. Sect. 1241 (confidential).
Jul 13 2005	Counsel's status report received (confidential)
Jul 20 2005	Compensation awarded counsel Atty Cherney
Aug 1 2005	Request for extension of time filed to file respondent's brief. (1st request)
Aug 2 2005	Extension of time granted to 10/11/2005 to file respondent's brief.
Sep 12 2005	Counsel's status report received (confidential)
Oct 7 2005	Request for extension of time filed to file respondent's brief. (2nd request)
Oct 14 2005	Extension of time granted to 12/8/2005 to file respondent's brief. After that date, only three further extensions totaling about 160 additional days are contemplated. Extension is granted based upon Supervising Deputy Attorney General Ronald S. Matthias's representation that he anticipates filing that brief by 5/15/2006.
Nov 14 2005	Counsel's status report received (confidential)
Nov 22 2005	Compensation awarded counsel Atty Cherney
Dec 5 2005	Request for extension of time filed to file respondent's brief. (3rd request)
Dec 9 2005	Extension of time granted to 2/6/2006 to file the respondent's brief. After that date, only two further extensions totaling about 100 additional days are contemplated. Extension is granted based upon Supervising Deputy Attorney General Ronald Matthias's representation that he anticipates filing that brief by 5/15/2006.
Jan 18 2006	Counsel's status report received (confidential)
Feb 3 2006	Request for extension of time filed to file respondent's brief. (4th request)
Feb 7 2006	Extension of time granted to 4/3/2006 to file the respondent's brief. After that date, only one further extension totaling about 70 additional days will be granted. Extension is granted based upon Supervising Deputy Attorney General Ronald S. Matthias's representation that he anticipates filing that brief by 6/14/2006.
Mar 21 2006	Counsel's status report received (confidential)
Apr 3 2006	Request for extension of time filed to file respondent's brief. (5th request)
Apr 10 2006	Extension of time granted to June 14, 2006 to file the respondent's brief. After that date, no further extension is contemplated. Extension is granted based upon Supervising Deputy Attorney General Ronald S. Matthias's representation that he anticipates filing that brief by June 14, 2006.
Apr 26 2006	Compensation awarded counsel Atty Cherney
May 23 2006	Counsel's status report received (confidential)
Jun 14 2006	Respondent's brief filed (92,244 words; 290 pp.)
Jun 30 2006	Request for extension of time filed to file appellant's reply brief. (1st request)
Jul 6 2006	Extension of time granted to September 5, 2006 to file appellant's reply brief.
Jul 25 2006	Counsel's status report received (confidential)
Aug 30 2006	Request for extension of time filed to file appellant's reply brief. (2nd request)
Sep 6 2006	Extension of time granted to November 6, 2006 to file appellant's reply brief.
Nov 3 2006	Request for extension of time filed to file appellant's reply brief. (3rd request)
Nov 9 2006	Extension of time granted to January 5, 2007 to file the appellant's reply brief. After that date, only two further extensions totaling about 100 additional days are contemplated. Extension is granted based upon counsel Phillip H. Cherney's representation the he anticipates filing that brief by late winter or early spring 2007.
Nov 27 2006	Counsel's status report received (confidential)
Dec 20 2006	Filed: Declaration of Phillip H. Cherney (confidential)
Jan 3 2007	Request for extension of time filed to file appellant's reply brief (4th request) and request to file supplemental opening brief.
Jan 8 2007	Extension of time granted to March 6, 2007 to file the appellant's reply brief. After that date, only one further extension totaling about 40 additional days is contemplated. Extension is granted based upon counsel Phillip H. Cherney's representation that he anticipates filing that brief by early spring, 2007. Counsel's request for permission to incorporate supplemental argument VIII.A into appellant's reply brief is denied without prejudice to counsel's filing a separate supplemental appellant's opening brief raising that argument.
Jan 22 2007	Counsel's status report received (confidential) from atty Cherney.
Jan 24 2007	Compensation awarded counsel Atty Cherney
Feb 26 2007	Request for extension of time filed to file appellant's reply brief. (5th request)
Mar 5 2007	Extension of time granted Good cause appearing, and based upon counsel Phillip H. Cherney's representation that he anticipates filing the appellant's reply brief and supplemental appellant's opening brief by May 7, 2007, counsel's request for an extension of time in which to file those briefs is granted to May 7, 2007. After that date, no further extension is contemplated.
Mar 26 2007	Counsel's status report received (confidential)
Apr 26 2007	Compensation awarded counsel Atty Cherney
May 7 2007	Filed: Application for Permission to File Appellant's Oversized Reply Brief and Supplemental Opening Brief.
May 7 2007	Received: Appellant's Reply Brief "under seperate cover; (48,000 words; 180 pp.)
May 7 2007	Received: Appellant's Supplemental Opening Brief "under seperate cover" (1,520 words; 6 pp.)
May 10 2007	Order filed Appellant's "Application for Permission to File Appellant's Oversized Reply Brief and Supplemental Opening Brief" is granted. Any supplemental respondent's brief is to be served and filed on or before June 11, 2007.
May 10 2007	Supplemental brief filed Appellant's supplemental opening brief. (1,520 words; 6 pp.)
May 10 2007	Appellant's reply brief filed (48,000 words; 180 pp.)
May 21 2007	Counsel's status report received (confidential) from atty Cherney.
May 21 2007	Supplemental brief filed by respondent. (1,111 words; 5 pp.)
May 23 2007	Filed: declaration of counsel Cherney. (confidential)
May 31 2007	Compensation awarded counsel Atty Cherney
Aug 3 2007	Counsel's status report received (confidential) from atty Cherney.
Oct 2 2007	Counsel's status report received (confidential) from atty Cherney.
Oct 9 2007	Received: copy of appellant's motion to preserve evidence, exhibits, files and other items related to automatic appeal (filed in Superior Court of Santa Clara County)
Oct 9 2007	Received: copy of appellant's motion for post-conviction discovery and for examination of physical evidence pursuant to Penal Code, section 1054.9. (filed in Superior Court of Santa Clara County)
Oct 9 2007	Habeas funds request filed (confidential)
Nov 5 2007	Related habeas corpus petition filed (concurrent) case no. S157917.
Nov 28 2007	Order filed re habeas funds request (confidential)
Mar 24 2008	Exhibit(s) lodged People's exhibits C, D, G, H, I, J, 53, 55, 85, 86, 87, 88, 89, 91, 92, 93, 94, 113, 114, 115, 124, 125, 126, 127, 128, 135, 137, 138, 139, 140, 148A, 148, 155A, 155, 161A, 161B, 161C, 161D, 161E, 164, 165, 166, 167, 168, 169, 170, 174, 175, 176, 177, 183, 184, 185, 186, 187, 193, 196A, 196B, 196C, 196D, 196F, 245, 246, 247, 248, 249, 250, 251, 300, 301, 302, 303, 304, 305, 306, 307, 308 and 328 . Defense exhibits 90, 134, 136, 1008, 1009, 1010, 1011, 1012, 1013, 1014, 1015, 1016, 1017, 1018, 1007 and 1006.
Apr 16 2008	Exhibit(s) returned to Superior Court. People's exhibits no. 85, 86, 87, 88, 89, 91, 92, 93, and 94. Court exhibits C, G, H, I, and J. Defense exhibit no. 90.
Apr 17 2008	Filed: additional record: 107 vols. of Supplemental Clerk's Transcript on Appeal (28,390 pp.), containing juror hardship forms and juror questionnaires from the Superior Court of Sonoma County.
Apr 17 2008	Note: sent letter to counsel advising that additional record was filed this date.
Apr 25 2008	Exhibit(s) lodged People's exhibits - 11, 12, 85, 85a, 86, 87, 87a, 88, 89, 90, 91, 92, 93 and 94. Court's exhibits - C, C-1, D, G, H, I and J.
May 29 2008	Exhibit(s) lodged People's exhibits - 14a, 14b and 15a.
May 30 2008	Received: acknowlegment of receipt of exhibits from Santa Clara County Superior Court.
Jul 30 2008	Exhibit(s) lodged People's exhibits, nos. 341, 342, 343 and 344. (from penalty phase)
Sep 17 2008	Compensation awarded counsel Atty Cherney
Nov 26 2008	Oral argument letter sent advising counsel that the court could schedule this case for argument as early as the January calendar, to be held the week of January 5, 2009, in San Francisco. 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.
Dec 2 2008	Note: corrected oral argument letter sent to counsel this date.
Dec 15 2008	Received: letter from Attorney Phillip H. Cherney, dated December 12, 2008, regarding the scheduling of oral argument.
Jan 8 2009	Compensation awarded counsel Atty Cherney
Feb 3 2009	Case ordered on calendar to be argued on Tuesday, March 3, 2009, at 1:30 p.m., in San Francisco
Feb 6 2009	Exhibit(s) lodged Sonoma County People's exhibit no. 10 (jail telephone log)
Feb 18 2009	Filed: respondent's focus issues letter, dated February 17, 2009.
Feb 19 2009	Filed: appellant's focus issues letter, dated February 19, 2009.
Mar 2 2009	Request for Extended Media coverage Filed KTVU, Channel 2 by Carma Hassan , planner.
Mar 2 2009	Request for Extended Media coverage Granted The request for extended media coverage, filed by KTVU, Channel 2 on March 2, 2009, is granted subject to the conditions set forth in rule 1.150, California Rules of Court.
Mar 3 2009	Cause argued and submitted
Mar 12 2009	Compensation awarded counsel Atty Cherney
Apr 17 2009	Compensation awarded counsel Atty Cherney
May 29 2009	Notice of forthcoming opinion posted
Jun 1 2009	Opinion filed: Judgment affirmed in full opinion by Kennard, J. -----joined by George, C.J., Baxter, Werdegar, Chin, Moreno, and Corrigan, JJ.
Jun 4 2009	Request for extension of time filed by appellant to file petition for rehearing.
Jun 15 2009	Rehearing petition filed by appellant. (3,180 words; 14 pp.)
Jun 19 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 28, 2009, the date upon which rehearing is either granted or denied, whichever comes first.
Jun 19 2009	Order filed Appellant's "Application for Extension of Time to File Petition for Rehearing" is denied as moot.
Jul 31 2009	Habeas funds request filed (confidential)
Aug 13 2009	Compensation awarded counsel Atty Cherney
Aug 26 2009	Rehearing denied; opinion modified The opinion is modified on the court's own motion. The petition for rehearing is denied.
Aug 26 2009	Opinion modified - no change in judgment The opinion herein, filed on June 1, 2009, and appearing at 46 Cal.4th 539, is modified as follows: Immediately after the sentence on the bottom of page 595 that states, "Under these extraordinary circumstances, Sergeant Meese's inquiry did not violate the high court's decisions in Miranda, supra, 384 U.S. 436, and Edwards, supra, 451 U.S. 477, " the following sentence is added: "And, contrary to defendant's contention in his petition for rehearing, nothing in the United States Supreme Court's recent decision in Montejo v. Louisiana (2009) 544 U.S. ___ [129 S. Ct. 2079] compels a different conclusion." This modification does not affect the judgment.
Aug 26 2009	Remittitur issued

Briefs
Jul 11 2005	Appellant's opening brief filed (128,508 words; 482 pp.)
Jun 14 2006	Respondent's brief filed (92,244 words; 290 pp.)
May 10 2007	Appellant's reply brief filed (48,000 words; 180 pp.)

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