Citation 51 Cal. 4th 15. modification: 51 Cal.4th 546a.

People v. Howard

Automatic appeal from a judgment of death.

Filed 2/16/11




IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE,
Plaintiff and Respondent,
S050583
v.
DEMETRIUS CHARLES HOWARD,
San Bernardino County
Defendant and Appellant.
Super. Ct. No. FSB03736

MODIFICATION OF OPINION
THE COURT:
The majority opinion, printed at 51 Cal.4th 15, is modified as follows.
In the first full paragraph on page 34, the sentence “Fibers matching his
clothing were found on the soles of Collins’s shoes.” is replaced by the sentence
“Fibers consistent with his clothing were found on the soles of Collins’s shoes.”
This modification does not affect the judgment.


Opinion Information
Date: Citation: Docket Number: Category: Status:
Wed, 02/16/2011 51 Cal. 4th 15. modification: 51 Cal.4th 546a. S050583M Automatic Appeal closed; remittitur issued
Parties
1 Howard, Demetrius Charles (Appellant)
San Quentin State Prison
Represented by Michael G. Millman
California Appellate Project
101 Second Street, Suite 600
San Francisco, CA
2 Howard, Demetrius Charles (Appellant)
San Quentin State Prison
Represented by Habeas Corpus Resource Center
Michael Laurence, Executive Director
303 Second Street, Suite 400 South
San Francisco, CA

Contact Name: Michael Laurence, Executive Director
3 Howard, Demetrius Charles (Appellant)
San Quentin State Prison
Represented by Office of the State Public Defender-Sac
Alison Pease, Senior Deputy State Public Defender
801 "K" Street, Suite 1100
Sacramento, CA
4 The People (Respondent)
Represented by Attorney General - San Diego Office
Christine Levingston Bergman, Deputy Attorney General
P.O. Box 85266
San Diego, CA
5 The People (Respondent)
Represented by Attorney General - San Diego Office
Adrianne S. Denault, Deputy Attorney General
P.O. Box 85266
San Diego, CA
Disposition
Dec 16 2010 Opinion: Affirmed
Dockets
Dec 7 1995 Judgment of death
Dec 13 1995 Filed certified copy of Judgment of Death Rendered
12-7-95.
Dec 27 1999 Order appointing State Public Defender filed
For the direct Appeal
Jan 5 2000 Received:
Copy of Ltr from Superior Court; dated 12/28/99; Advising Record Was mailed to Applt Counsel on 12/28/99
Mar 31 2000 Application for Extension of Time filed
By Applt to request Corr. of the Record.
Apr 7 2000 Extension of Time application Granted
To 6/2/2000 To Applt To Requst Corr. of the Record
May 23 2000 Application for Extension of Time filed
By Applt to request Corr. of the Record.
May 26 2000 Extension of Time application Granted
To 8/1/2000 To Applt To request Corr. of the Record.
Jul 25 2000 Application for Extension of Time filed
by applt to request correction of the record. (3rd request)
Jul 25 2000 Counsel's status report received (confidential)
from State Public Defender.
Aug 3 2000 Extension of Time application Granted
to applt to 10-2-2000 to request correction of the record. No further extensions of time are contemplated.
Sep 22 2000 Application for Extension of Time filed
By applt to request corr. of the record. (4th request)
Sep 25 2000 Counsel's status report received (confidential)
from State P.D.
Sep 29 2000 Extension of Time application Granted
To 12/1/2000 to applt to request corr. of the record. No further ext. of time will be granted.
Nov 21 2000 Counsel's status report received (confidential)
from State P.D.
Jan 10 2001 Received copy of appellant's record correction motion
applt's request for correction and completion of record. (42 pp.)
Mar 20 2001 Counsel's status report received (confidential)
from State P.D.
May 15 2001 Counsel's status report received (confidential)
from State P.D.
Jul 13 2001 Counsel's status report received (confidential)
from State P.D.
Sep 7 2001 Counsel appointment order filed
Robert C. Chandler is appointed to represent applt for habeas corpus/executive clemency proceedings related to the automatic appeal.
Sep 13 2001 Counsel's status report received (confidential)
from State P.D.
Nov 13 2001 Counsel's status report received (confidential)
from State P.D.
Nov 16 2001 Counsel's status report received (confidential)
from atty Chandler.
Jan 25 2002 Counsel's status report received (confidential)
from atty Chandler.
Feb 22 2002 Compensation awarded counsel
Atty Chandler
Mar 15 2002 Counsel's status report received (confidential)
from State P.D.
May 1 2002 Compensation awarded counsel
Atty Chandler
May 14 2002 Counsel's status report received (confidential)
from State P.D.
Jun 12 2002 Counsel's status report received (confidential)
from atty Chandler.
Jul 1 2002 Counsel's status report received (confidential)
from atty Chandler.
Jul 12 2002 Counsel's status report received (confidential)
from State P.D.
Jul 19 2002 Compensation awarded counsel
Atty Chandler
Aug 29 2002 Counsel's status report received (confidential)
from atty Chandler.
Sep 10 2002 Counsel's status report received (confidential)
from State P.D.
Oct 28 2002 Counsel's status report received (confidential)
from atty Chandler.
Nov 12 2002 Counsel's status report received (confidential)
from State P.D.
Nov 13 2002 Compensation awarded counsel
Atty Chandler
Dec 23 2002 Counsel's status report received (confidential)
from atty Chandler.
Jan 13 2003 Counsel's status report received (confidential)
from State P.D.
Mar 3 2003 Counsel's status report received (confidential)
from atty Chandler.
Mar 14 2003 Counsel's status report received (confidential)
from State P.D.
Apr 28 2003 Counsel's status report received (confidential)
from atty Chandler.
May 6 2003 Compensation awarded counsel
Atty Chandler
May 12 2003 Counsel's status report received (confidential)
(supplemental) from atty Chandler.
May 13 2003 Counsel's status report received (confidential)
from State P.D.
Jun 13 2003 Compensation awarded counsel
Atty Chandler
Jun 27 2003 Counsel's status report received (confidential)
from atty Chandler.
Jul 14 2003 Counsel's status report received (confidential)
from State P.D.
Aug 28 2003 Counsel's status report received (confidential)
from atty Chandler.
Sep 15 2003 Counsel's status report received (confidential)
from State P.D.
Sep 15 2003 Record on appeal filed
Clerk's transcript 32 volumes (7398 pp.) and reporter's transcript 21 volumes (3194 pp.) including material under seal. Clerk's transcript includes 5400 pp. of juror questionnaires.
Sep 15 2003 Appellant's opening brief letter sent, due:
October 27, 2003.
Oct 20 2003 Request for extension of time filed
to file appellant's opening brief. (1st request)
Oct 21 2003 Extension of time granted
to 12/26/2003 to file appellant's opening brief.
Oct 29 2003 Counsel's status report received (confidential)
from atty Chandler.
Nov 10 2003 Compensation awarded counsel
Atty Chandler
Nov 13 2003 Counsel's status report received (confidential)
from State P.D.
Nov 25 2003 Compensation awarded counsel
Atty Chandler
Dec 22 2003 Request for extension of time filed
to file appellant's opening brief. (2nd request)
Dec 24 2003 Extension of time granted
to 2/24/2004 to file appellant's opening brief.
Dec 26 2003 Counsel's status report received (confidential)
from atty Chandler.
Jan 13 2004 Counsel's status report received (confidential)
from State P.D.
Feb 18 2004 Request for extension of time filed
to file appellant's opening brief. (3rd request)
Feb 23 2004 Extension of time granted
to 4-26-2004 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.
Mar 1 2004 Counsel's status report received (confidential)
from atty Chandler.
Mar 15 2004 Counsel's status report received (confidential)
from State P.D.
Apr 20 2004 Request for extension of time filed
to file appellant's opening brief. (4th request)
Apr 23 2004 Extension of time granted
to 6/25/2004 to file appellant's opening brief. The court anticipates that after that date, only four further extensions totaling about 240 additional days will be granted. Counsel is ordered to inform his or her supervising attorney, if any, of this schedule, and to take all steps necessary to meet it.
Apr 28 2004 Counsel's status report received (confidential)
from atty Chandler.
May 6 2004 Compensation awarded counsel
Atty Chandler
May 12 2004 Counsel's status report received (confidential)
from State P.D.
Jun 4 2004 Counsel's status report received (confidential)
(supplemental) from atty Chandler.
Jun 9 2004 Compensation awarded counsel
Atty Chandler
Jun 22 2004 Request for extension of time filed
to file appellant's opening brief. (5th request)
Jun 25 2004 Extension of time granted
to 8-24-2004 to file AOB. The court anticipates that after that date, only three further extensions totaling about 180 additional days will be granted. Counsel is ordered to inform his or her supervising attorney, if any, of this schedule, and to take all steps necessary to meet it.
Jul 13 2004 Counsel's status report received (confidential)
from State P.D.
Aug 18 2004 Request for extension of time filed
to file appellant's opening brief. (6th request)
Aug 24 2004 Extension of time granted
to 10/22/2004 to file appellant's opening brief. After that date, only four further extensions totaling about 240 additional days will be granted. Extension is granted based upon Deputy State Public Defender Kate Johnston's representation that she anticipates filing that brief by 6/2005.
Sep 13 2004 Counsel's status report received (confidential)
from State P.D.
Oct 18 2004 Request for extension of time filed
to file appellant's opening brief. (7th request)
Oct 25 2004 Extension of time granted
to 12/21/2004 to file appellant's opening brief. After that date, only six further extensions totaling about 180 additional days will be granted. Extension is granted based upon Deputy State Public Defender Kate Johnston's representation that she anticipates filing that brief by 6/2005.
Nov 10 2004 Counsel's status report received (confidential)
from State P.D.
Dec 3 2004 Counsel's status report received (confidential)
from atty Chandler.
Dec 15 2004 Request for extension of time filed
to file appellant's opening brief. (8th request)
Dec 16 2004 Order filed
Due to clerical error, the order filed in the above matter on October 25, 2004, is amended to read as follows: "Good cause appearing, and based upon Deputy State Public Defender Kate Johnston's representation that she anticipates filing the appellant's opening brief by June 2005, counsel's request for an extension of time in which to file that brief is granted to December 21, 2004. After that date, only three further extensions totaling about 180 additional days will be granted."
Dec 20 2004 Extension of time granted
to 2/18/2005 to file appellant's opening brief. The court anticipates that after that date, only two further extensions totaling about 120 additional days will be granted. Counsel is ordered to inform his or her supervising attorney, if any, of this schedule, and to take all steps necessary to meet it.
Jan 10 2005 Counsel's status report received (confidential)
from State P.D.
Feb 14 2005 Request for extension of time filed
to file appellant's opening brief. (9th request)
Feb 18 2005 Extension of time granted
to 4/19/2005 to file appellant's opening brief. After that date, only two further extensions totaling about 90 additional days will be granted. Extension is granted based upon Deputy State Public Defender Kate Johnston's representation that she anticipates filing that brief by 7/2005.
Mar 9 2005 Counsel's status report received (confidential)
from State P.D.
Apr 13 2005 Request for extension of time filed
to file appellant's opening brief. (10th request)
Apr 15 2005 Extension of time granted
to 6/17/2005 to file appellant's opening brief. After that date, only one further extension totaling about 30 additional days will be granted. Extension is granted Deputy State Public Defender Kate Johnston's representation that she anticipates filing that brief by 7/2005.
May 4 2005 Counsel's status report received (confidential)
from State P.D.
May 4 2005 Counsel's status report received (confidential)
from atty Chandler.
May 18 2005 Compensation awarded counsel
Atty Chandler
Jun 13 2005 Request for extension of time filed
to file appellant's opening brief. (11th request)
Jun 16 2005 Extension of time granted
to 7/18/2005 to file appellant's opening brief. Extension is granted based upon Deputy State Public Defender Kate Johnston's representation that she anticipates filing that brief by 7/18/2005. After that date, no further extension will be granted.
Jul 6 2005 Counsel's status report received (confidential)
from State P.D.
Jul 11 2005 Counsel's status report received (confidential)
from atty Chandler.
Jul 15 2005 Appellant's opening brief filed
(59,639 words; 216 pp.)
Jul 15 2005 Request for judicial notice filed (AA)
appellant's request.
Jul 22 2005 Counsel's status report received (confidential)
(supplemental) from atty Chandler.
Jul 27 2005 Request for extension of time filed
to file respondent's brief. (1st request)
Jul 27 2005 Extension of time granted
to 10/13/2005 to file respondent's brief.
Sep 8 2005 Counsel's status report received (confidential)
from atty Chandler.
Oct 6 2005 Request for extension of time filed
to file respondent's brief. (2nd request)
Oct 14 2005 Extension of time granted
to 12/12/2005 to file respondent's brief. After that date, only one further extension totaling about 60 additional days is contemplated. Extension is granted based upon Deputy Attorney General Adrianne S. Denault's representation that she anticipates filing that breif by 2/10/2006.
Dec 6 2005 Request for extension of time filed
to file respondent's brief. (3rd request)
Dec 14 2005 Extension of time granted
to 2/10/2006 to file the respondent's brief. After that date, only one further extension totaling about 60 additional days is contemplated. Extension is granted based upon Deputy Attorney General Adrianne S. Denault's representation that she anticipates filing that brief by 2/10/2006.
Dec 14 2005 Compensation awarded counsel
Atty Chandler
Feb 8 2006 Respondent's brief filed
(28,452 words; 90 pp.)
Feb 23 2006 Request for extension of time filed
to file appellant's reply brief. (1st request)
Mar 1 2006 Extension of time granted
to April 28, 2006 to file appellant's reply brief.
Mar 16 2006 Counsel's status report received (confidential)
from atty Chandler.
Apr 21 2006 Request for extension of time filed
to file appellant's reply brief. (2nd request)
May 1 2006 Extension of time granted
to June 27, 2006 to file appellant's reply brief.
Jun 22 2006 Request for extension of time filed
to file appellant's reply brief. (3rd request)
Jun 27 2006 Extension of time granted
to August 25, 2006 to file the appellant's reply brief. After that date, only two further extensions totaling about 120 additional days are contemplated. Extension is granted based upon Deputy State Public Defender Kate Johnston's representation that she anticipates filing that brief by December 2006.
Jul 18 2006 Motion to withdraw as counsel filed
by attorney Robert C. Chandler, to withdraw as habeas corpus counsel.
Jul 28 2006 Filed:
Supplemental Declaration of Robert C. Chandler in support of (Motion to Withdraw as Counsel).
Jul 28 2006 Filed:
Amended proof of service in support of counsel Robert C. Chandler's motion to withdraw as counsel.
Jul 28 2006 Counsel's status report received (confidential)
from atty Chandler.
Aug 16 2006 Withdrawal of counsel allowed by order
Good cause appearing, the application of appointed counsel for permission to withdraw as habeas corpus/executive clemency attorney of record for appellant Demetrius Charles Howard, filed July 18, 2006, is granted. The order appointing Robert C. Chandler as habeas corpus/executive clemency counsel of record for appellant Demetrius Charles Howard in the above automatic appeal now pending in this court, filed September 7, 2001, 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 Demetrius Charles Howard. Chandler is hereby directed to deliver to Executive Director Millman, within 30 days from the filing of this order, all case transcripts, case files, habeas corpus investigation work product, trial files, investigation reports, and related materials that he has obtained from appellant or his trial counsel, paralegals, experts and investigators, or from any other source.
Aug 16 2006 Order filed
In conjunction with the order filed this day permitting Robert C. Chandler to withdraw as habeas corpus/executive clemency counsel of record for appellant Demetrius Charles Howard, with regard to the above automatic appeal now pending in this court, Chandler is hereby ordered to reimburse the court the sum of $25,000, subject to his 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 "Payment Guidelines for Appointed Counsel Representing Indigent Criminal Appellants in the California Supreme Court," guideline V ["Court Action Upon Nonperformance of Work, and Reimbursement of Fees Upon Authorized Withdrawal of Appointed Counsel"], subpt. B.)
Aug 21 2006 Request for extension of time filed
to file appellant's reply brief. (4th request)
Aug 24 2006 Extension of time granted
to October 24, 2006 to file the appellant's reply brief. After that date, only one further extension totaling about 60 additional days are contemplated. Extension is granted based upon Deputy State Public Defender Kate Johnston's representation that she anticipates filing that brief by December 2006.
Oct 11 2006 Substitution of counsel ordered
The order appointing Michael G. Millman, as Executive Director of the California Appellate Project in San Francisco, to serve as interim habeas corpus/executive clemency counsel of record for appellant Demetrius Charles Howard, filed August 16, 2006, is hereby vacated. Judd C. Iversen is hereby appointed to represent appellant Demetrius Charles Howard for habeas corpus/executive clemency proceedings related to the above automatic appeal now pending in this court.
Oct 11 2006 Compensation awarded counsel
Atty Iversen
Oct 12 2006 Order filed
The order filed in the above case on October 11, 2006, is amended to read as follows: "The order appointing Michael G. Millman, as Executive Director of the California Appellate Project in San Francisco, to serve as interim habeas corpus/executive clemency counsel of record for appellant Demetrius Charles Howard, filed August 16, 2006, is hereby vacated. "Judd C. Iversen is hereby appointed to represent appellant Demetrius Charles Howard 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 Robert C. Chandler's declaration, in support of his motion to withdraw, to the effect that he was unable to discharge his duty to investigate and, if appropriate, present a habeas corpus petition on behalf of appellant Demetrius Charles Howard."
Oct 18 2006 Request for extension of time filed
to file appellant's reply brief. (5th request)
Oct 20 2006 Extension of time granted
to December 26, 2006 to file appellant's reply brief. After that date, no further extension is contemplated. Extension is granted based upon Deputy State Public Defender Kate Johnston's representation that she anticipates filing that brief by December 26, 2006.
Dec 22 2006 Appellant's reply brief filed
(13,165 words; 49 pp.)
Jan 11 2007 Received:
letter from appellant, dated January 10, 2007, advising that a case appellant relied upon in his reply brief has subsequently been depublished.
Jan 18 2007 Counsel's status report received (confidential)
from atty Iversen.
Mar 29 2007 Counsel's status report received (confidential)
from atty Iverson.
Jun 19 2007 Counsel's status report received (confidential)
from atty Iverson.
Sep 14 2007 Filed:
notice of change of attorney of record to Alison Pease, Deputy State Public Defender due to the separation from service at OSPD.
Oct 3 2007 Counsel's status report received (confidential)
from atty Iverson.
Nov 9 2007 Filed:
Confidential declaration of atty Iverson.
Nov 28 2007 Compensation awarded counsel
Atty Iversen
Dec 28 2007 Counsel's status report received (confidential)
from atty Iverson.
Feb 7 2008 Motion filed (AA)
by appellant for permission to file supplemental opening brief.
Feb 20 2008 Motion filed (AA)
by appellant "Application and declaration for leave to file appellant's supplemental opening brief exceeding 2,800 words."
Feb 22 2008 Order filed
Appellant's "Motion for Permission to File Supplemental Opening Brief" and "Application and Declaration for Leave to File Supplemental Opening Brief Exceeding 2,800 Words" are granted. The supplemental respondent's brief must be served and filed on or before April 22, 2008. Appellant's supplemental reply brief will be due within 30 days of the filing of the supplemental respondent's brief.
Feb 22 2008 Supplemental brief filed
appellant's supplemental opening brief. (7,727 words; 29 pp.)
Apr 25 2008 Application to file over-length brief filed
by respondent "Application For Leave To File Respondent's Supplemental Brief That Exceed The Word Limit".
Apr 28 2008 Order filed
Respondent's "Application For Leave To File Respondent's Supplemental Brief That Exceeds The Word Limit" is granted.
Apr 28 2008 Supplemental brief filed
(3051words; 12 pp.)
May 12 2008 Motion to withdraw as counsel filed
attorney Judd Iversen's motion to withdraw as habeas corpus counsel.
May 12 2008 Motion to file document under seal filed (AA)
application to file declaration of Dr. Ryan under seal.
May 12 2008 Filed:
Proof of Service for motion to withdraw and application to file declaration under seal.
May 12 2008 Lodged:
declaration of Dr. Ryan conditionally under seal. (Confidential)
May 23 2008 Application to file over-length brief filed
by appellant "application and declaration for leave to file appellant's supplemental reply brief in excess of the word count".
Jun 4 2008 Supplemental reply brief filed (AA)
by appellant. (2,928 words; 11 pp.)
Jun 4 2008 Order filed
Appellant's "Application and Declaration For Leave To File Appellant's Supplemental Reply Brief That Exceeds The Word Limit" is granted.
Jun 11 2008 Motion to file document under seal granted
Good cause appearing, appointed habeas corpus/executive clemency counsel Judd C. Iversen's "Application to File Declaration of Dr. Colman Ryan Under Seal Pursuant to California Rules of Court, Rule 8.160," filed May 12, 2008, is granted. The court expressly finds that the factors enumerated in California Rules of Court, rule 2.550(d), support granting the application to file under seal.
Jun 11 2008 Filed:
UNDER SEAL, declaration of Dr. Colman Ryan. (received May 12, 2008)
Jun 11 2008 Withdrawal of counsel allowed by order
Good cause appearing, appointed habeas corpus/executive clemency counsel's "Motion to Withdraw as Habeas Corpus Counsel" on behalf of appellant Demetrius Charles Howard, filed May 12, 2008, is granted. The order appointing Judd C. Iversen as counsel of record for appellant Demetrius Charles Howard, filed October 11, 2006 (as amended Oct. 12, 2006), 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 Demetrius Charles Howard. Iversen 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, trial or prior habeas corpus counsel, paralegals, experts and investigators, or from any other source.
Nov 10 2008 Motion filed (AA)
by appellant, "motion for permission to file a second supplemental opening brief".
Nov 10 2008 Application to file over-length brief filed
by appellant, "application and declaration for leave to file appellant's second supplemental opening brief exceeding 2,800 words".
Nov 24 2008 Supplemental brief filed
by appellant (4,687 words; 18 pp.)
Nov 24 2008 Order filed
Appellant's "Motion for Permission to File a Second Supplemental Opening Brief" and "Application for Leave to File Appellant's Second Supplemental Opening Brief Exceeding 2,800 Words" is granted.
Dec 9 2008 Received:
letter from Deputy Attorney General Adrianne S. Denault, dated December 8, 2008, regarding second supplemental respondent's brief due date.
Dec 15 2008 Order filed
Good cause appearing and based upon Deputy Attorney General Adrianne S. Denault's request, the supplemental respondent's brief must be served and filed on or before February 10, 2008. Appellant's supplemental reply brief will be due within 30 days of the filing of the supplemental respondent's brief.
Jan 16 2009 Order filed
Due to clerical error, the order filed in the above matter on December 15, 2008, is amended to read as follows: "Good cause appearing and based upon Deputy Attorney General Adrianne S. Denault's request, the supplemental respondent's brief must be served and filed on or before February 10, 2009. Appellant's supplemental reply brief will be due within 30 days of the filing of the supplemental respondent's brief."
Feb 9 2009 Application to file over-length brief filed
by respondent, "application for leave to file respondent's supplemental brief that exceeds the word limit".
Feb 23 2009 Order filed
Respondent's "Application for Leave to File Respondent's Supplemental Brief That Exceeds the Word Limit" is granted.
Feb 23 2009 Supplemental brief filed
by respondent, "second supplemental respondent's brief". (3,994 words; 14 pp.)
Mar 16 2009 Request for extension of time filed (AA)
to file second supplemental reply brief. (1st request)
Mar 20 2009 Extension of time granted
Good cause appearing, and based upon Senior Deputy State Public Defender Alison Pease's representation that she anticipates filing the second supplemental reply brief by April 24, 2009, counsel's request for an extension of time in which to file that brief is granted to April 24, 2009. After that date, no further extension is contemplated.
Apr 22 2009 Supplemental brief filed
Appellant: Howard, Demetrius CharlesAttorney: Office of the State Public Defender-Sac Appellant's Second Supplemental Reply Brief. (2,241 words; 9 pp.)
Apr 29 2009 Order appointing Habeas Corpus Resource Center filed
Appellant: Howard, Demetrius Charles The order appointing Michael G. Millman, as Executive Director of the California Appellate Project in San Francisco, to serve as interim habeas corpus/executive clemency counsel of record for appellant Demetrius Charles Howard, filed June 11, 2008, is hereby vacated. On the court's own motion, the Habeas Corpus Resource Center is hereby appointed to represent appellant Demetrius Charles Howard 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 Judd C. Iversen's declaration, in support of his motion to withdraw, to the effect that he was unable to discharge his duty to investigate and, if appropriate, present a habeas corpus petition on behalf of appellant Demetrius Charles Howard, and this court's delay in appointing replacement habeas corpus/executive clemency counsel.
Jul 2 2009 Counsel's status report received (confidential)
Appellant: Howard, Demetrius CharlesAttorney: Habeas Corpus Resource Center
Aug 28 2009 Counsel's status report received (confidential)
Appellant: Howard, Demetrius CharlesAttorney: Habeas Corpus Resource Center
Nov 10 2009 Counsel's status report received (confidential)
Appellant: Howard, Demetrius CharlesAttorney: Habeas Corpus Resource Center
Jan 6 2010 Counsel's status report received (confidential)
Appellant: Howard, Demetrius CharlesAttorney: Habeas Corpus Resource Center
Mar 5 2010 Counsel's status report received (confidential)
Appellant: Howard, Demetrius CharlesAttorney: Habeas Corpus Resource Center
May 10 2010 Counsel's status report received (confidential)
Appellant: Howard, Demetrius CharlesAttorney: Habeas Corpus Resource Center
May 11 2010 Exhibit(s) lodged
People's exhibit 59 from superior court.
Jul 7 2010 Counsel's status report received (confidential)
Appellant: Howard, Demetrius CharlesAttorney: Habeas Corpus Resource Center
Aug 5 2010 Oral argument letter sent
advising counsel that the court could schedule this case for argument as early as the October calendar, to be held the week of October 4, 2010. 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.
Sep 3 2010 Counsel's status report received (confidential)
Appellant: Howard, Demetrius CharlesAttorney: Habeas Corpus Resource Center
Sep 7 2010 Case ordered on calendar
to be argued Wednesday, October 6, 2010, at 9:00 a.m., in Fresno (at Court of Appeal, Fifth Appellate District, 2424 Ventura Street)
Sep 13 2010 Filed:
Respondent's focus issue letter, dated September 10, 2010.
Sep 16 2010 Filed:
Appellant's focus issue letter, dated September 14, 2010.
Sep 16 2010 Received:
appearance sheet from Deputy State Public Defender Alison Pease, indicating 45 minutes for oral argument for appellant.
Sep 16 2010 Received:
appearance sheet from Deputy Attorney General Christine Leingston Bergman, indicating 30 minutes for oral argument for respondent.
Sep 24 2010 Received:
respondent's additional authorities letter, dated September 23, 2010
Sep 24 2010 Received:
Amicus Letter, dated September 23, 2010 from Gilbert Gaynor, Attorney at Law
Sep 24 2010 Note:
Amicus Letter received on September 24, 2010 returned to Gilbert Gaynor, Attorney at Law.
Sep 27 2010 Received:
Application for Permission to File Amicus Curiae Brief in Support of Appellant Howard submitted by attorney Gilbert Gayner.
Sep 27 2010 Order filed
The "Application for Permission to File Amicus Curiae Brief in Support of Appellant Howard," submitted by attorney Gilbert Gaynor, on behalf of condemned inmate Jonathan K. Jackson, is denied.
Sep 28 2010 Received:
appellant's additional authorities letter, dated September 27, 2010.
Sep 29 2010 Request for judicial notice granted
Appellant's request for judicial notice is granted.
Oct 6 2010 Cause argued and submitted
Nov 1 2010 Counsel's status report received (confidential)
Appellant: Howard, Demetrius CharlesAttorney: Habeas Corpus Resource Center
Dec 15 2010 Notice of forthcoming opinion posted
To be filed Thursday, December 16, 2010 @ 10 a.m.
Dec 16 2010 Opinion filed: Judgment affirmed in full
opinion by Corrigan, J. -----joined by George, C.J., Kennard, Baxter, Werdegar, Chin, and Moreno, JJ
Dec 30 2010 Rehearing petition filed
Appellant: Howard, Demetrius CharlesAttorney: Office of the State Public Defender-Sac (1,600 words; 8 pp.)
Jan 3 2011 Counsel's status report received (confidential)
Appellant: Howard, Demetrius CharlesAttorney: Habeas Corpus Resource Center
Jan 4 2011 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 March 16, 2011 or the date upon which rehearing is either granted or denied, whichever occurs first.
Jan 31 2011 Request for modification of opinion filed (rehearing pending)
by appellant.
Feb 16 2011 Rehearing denied; opinion modified
The opinion is modified. The petition for rehearing is denied.
Feb 16 2011 Remittitur issued
Feb 17 2011 Exhibit(s) returned
to Superior Court.
Feb 22 2011 Received:
acknowledgment of receipt of exhibits.
Feb 24 2011 Received:
receipt for remittitur.
Mar 4 2011 Counsel's status report received (confidential)
Appellant: Howard, Demetrius CharlesAttorney: Habeas Corpus Resource Center
Briefs
Jul 15 2005 Appellant's opening brief filed
Feb 8 2006 Respondent's brief filed
Dec 22 2006 Appellant's reply brief filed

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