Supreme Court of California Justia
Docket No. S033436M
People v. Lewis & Oliver


Filed 11/1/06

IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE,
Plaintiff and Respondent,
S033436
v.
ALBERT LEWIS and
ANTHONY CEDRIC OLIVER,
Los
Angeles
County
Defendants and Appellants.
Super. Ct. No. BA001542

BY THE COURT:
MODIFICATION OF OPINION

The opinion is this case, filed August 24, 2006, and appearing at 39 Cal.4th
970, is modified as follows:
(1) The fifth sentence of the third full paragraph on page 983 is modified to read
as follows: “The shooter’s use of gloves would explain the lack of additional palm
prints on the gun.”

(2) The last full paragraph on page 1036 is modified to read as follows: “As for
Oliver’s argument that denial of the continuance denied him the right to effective
assistance of counsel, it appears that, even assuming counsel’s performance was
constitutionally deficient, Oliver presented all witnesses available to him. He does
not indicate what additional evidence, if any, he would have presented on his own



behalf had counsel behaved differently. There was no reasonable probability of an
adverse effect on the outcome. (Strickland v. Washington, supra, 466 U.S. at pp.
668, 687-688, 694.)”
(3) At page 1067 the first full paragraph is deleted, and the following paragraph is
inserted: “The trial court instructed the jury with a modification of the 1989
version of CALJIC No. 8.84.1, to which counsel did not object. The modified
language included: “You are to be guided by the previous instructions given in the
first phase of this case which are applicable and pertinent to the determination of
penalty. However, you are to completely disregard any instructions given in the
first phase which had prohibited you from considering pity or sympathy for a
defendant.” The trial court did not err in failing to instruct on which guilt phase
instructions continued to apply at the penalty phase. (People v. Sanders (1995) 11
Cal.4th 475, 561.)”
(4) At page 1068 the third paragraph is deleted, and the following paragraph is
inserted: “Any delay in appointing counsel, processing the appeal, and executing
sentence was necessary to carefully review the judgment and protect Oliver’s
rights, and is not unconstitutional. (People v. Holt (1997) 15 Cal.4th 619, 709.)”
This modification does not affect the judgment.


Opinion Information
Date:Docket Number:
Thu, 11/02/2006S033436M

Parties
1The People (Respondent)
Represented by Attorney General - Los Angeles Office
Alan D. Tate, Deputy Attorney General
300 S. Spring Street, Suite 1702
Los Angeles, CA

2The People (Respondent)
Represented by Steven Edward Mercer
Office of the Attorney General
300 South Spring St., 5th Floor
Los Angeles, CA

3Lewis, Albert (Appellant)
San Quentin State Prison
Represented by Cliff Gardner
Law Office of Cliff Gardner
19 Embarcadero Cove
Oakland, CA

4Lewis, Albert (Appellant)
San Quentin State Prison
Represented by Eric Stephen Multhaup
Law Offices of Fischer & Multhaup
20 Sunnyside Avenue, Suite A
Mill Valley, CA

5Oliver, Anthony Cedric (Appellant)
San Quentin State Prison
Represented by Robert M. Myers
Newman, Aaronson & Vanaman
14001 Ventura Boulevard
Sherman Oaks, CA


Disposition
Aug 24 2006Opinion: Affirmed

Dockets
May 21 1993Judgment of death
 
Jun 21 1993Filed certified copy of Judgment of Death Rendered
  5-21-93 for Albert Lewis and Anthony Cedric Oliver.
May 27 1994Filed:
  letter, dated 5-23-94, from appellant Oliver, requesting that his appeal be terminated so that he can be executed. (Note: will be treated as a motion.)
Jun 15 1994Order filed:
  Appellant Anthony C. Oliver's motion to dismiss automatic appeal denied.
Mar 6 1998Counsel appointment order filed
  Robert M. Myers is appointed to represent appellant Oliver on his automatic appeal, including any habeas corpus and related proceedings.
Mar 6 1998CAP CONFLICT EXISTS
  CAP HAS A CONFLICT OF INTEREST AS TO APPELLANT LEWIS.
May 13 1998Counsel appointment order filed
  Eric S. Multhaup is appointed to represent appellant Lewis on his automatic appeal, including any habeas corpus and related proceedings.
May 13 1998Compensation awarded counsel
 
May 28 1998Application for Extension of Time filed
  By Applt Oliver to request Record correction
Jun 2 1998Extension of Time application Granted
  To 7-30-98 To request Record correction
Jun 19 1998Filed:
  Request by Counsel (Robert Myers) for Dual representation appointment (Note: received 2-20-98.)
Jun 19 1998Filed:
  Request by Inmate (Oliver) for Dual representation (Note: received 2-20-98).
Jun 22 1998Application for Extension of Time filed
  By Applt Lewis to request correction of Record.
Jun 23 1998Filed:
  Request by Applt Lewis for Dual representation (Note: Form received 5-5-98).
Jun 23 1998Filed:
  Request by Atty Multhaup for Dual representation of Applt Lewis. (Note: Form received on 5-5-98).
Jun 23 1998Extension of Time application Granted
  To Applt Albert Lewis To 8-24-98 To request Record correction
Jul 28 1998Application for Extension of Time filed
  By Applt Oliver to request correction of Record.
Jul 28 1998Extension of Time application Granted
  To 9-28-98 To request Record correction
Jul 31 1998Filed:
  Suppl Proof of Service of request for Eot.
Aug 21 1998Application for Extension of Time filed
  By Applt Lewis to request correction of Record.
Aug 24 1998Filed:
  Suppl Amended Decl of Service of request for Eot.
Aug 24 1998Extension of Time application Granted
  To Applt Albert Lewis To 10-23-98 To request Record correction
Sep 22 1998Application for Extension of Time filed
  By Applt Oliver to request correction of Record.
Sep 23 1998Extension of Time application Granted
  To Applt Oliver To 10-28-98 To request Corr. of Record.
Oct 21 1998Application for Extension of Time filed
  By Applt to request Record correction
Oct 26 1998Extension of Time application Granted
  To Applt Albert Lewis To 11-2-98 To request Record correction
Nov 3 1998Received copy of appellant's record correction motion
  appellant Lewis's motion for correction and completion of record. (20 pp.)
Nov 4 1998Compensation awarded counsel
 
Nov 9 1998Received copy of appellant's record correction motion
  appellant Oliver's request for correction of the record (27 pp.)
Jan 21 1999Compensation awarded counsel
 
Feb 18 1999Compensation awarded counsel
 
Mar 24 1999Compensation awarded counsel
 
Dec 15 1999Compensation awarded counsel
  Atty Multhaup
Jul 6 2000Counsel's status report received (confidential)
  atty Eric Multhaup.
Jul 10 2000Counsel's status report received (confidential)
  atty Robert Myers.
Jul 14 2000Compensation awarded counsel
  Atty Multhaup
Sep 1 2000Record on appeal filed
  C-51 (10,748 pp.) and R-65 (5,042 pp.) including material under seal; Clerk's Transcript includes 3,480 pages of Juror Questionnaires.
Sep 1 2000Appellant's opening brief letter sent, due:
  10/11/2000
Sep 5 2000Counsel's status report received (confidential)
  from atty Myers.
Sep 7 2000Compensation awarded counsel
  Atty Multhaup
Sep 27 2000Compensation awarded counsel
  Atty Myers for Applt Oliver
Oct 5 2000Application for Extension of Time filed
  by applt LEWIS to file AOB. (1st request)
Oct 6 2000Application for Extension of Time filed
  By applt OLIVER to file AOB. (1st request)
Oct 11 2000Extension of Time application Granted
  To 12/11/2000 to applt LEWIS to file AOB.
Oct 11 2000Extension of Time application Granted
  To 12/11/2000 to applt OLIVER to file AOB.
Oct 16 2000Filed:
  Amended proof of service for applt Lewis (ext. of time request to file AOB)
Dec 4 2000Counsel's status report received (confidential)
  from atty Myers (for applt Oliver)
Dec 7 2000Application for Extension of Time filed
  By applt LEWIS to file AOB. (2nd request)
Dec 12 2000Application for Extension of Time filed
  By applt OLIVER to file AOB. (2nd request)
Dec 12 2000Extension of Time application Granted
  To 2/9/2001 to applt LEWIS to file AOB.
Dec 13 2000Extension of Time application Granted
  To 2/9/2001 to applt OLIVER to file AOB.
Dec 20 2000Compensation awarded counsel
  Atty Myers
Jan 2 2001Counsel's status report received (confidential)
  from atty Myers.
Jan 11 2001Change of Address filed for:
  Atty Eric Multhaup
Feb 5 2001Application for Extension of Time filed
  By applt LEWIS to file AOB. (3rd request)
Feb 5 2001Application for Extension of Time filed
  By applt OLIVER to file AOB. (3rd request)
Feb 7 2001Extension of Time application Granted
  To 4/10/2001 to applt OLIVER to file AOB.
Feb 13 2001Extension of Time application Granted
  To applt LEWIS to 4/10/2001 to file AOB.
Mar 1 2001Counsel's status report received (confidential)
  from atty Myers (for applt Oliver).
Mar 6 2001Compensation awarded counsel
  Atty Multhaup
Apr 5 2001Application for Extension of Time filed
  By applt LEWIS to file AOB. (4th request)
Apr 6 2001Application for Extension of Time filed
  By applt OLIVER to file AOB. (4th request)
Apr 10 2001Extension of Time application Granted
  To 6/11/2001 as to applt. LEWIS to file AOB.
Apr 10 2001Extension of Time application Granted
  To 6/11/2001 as to applt. OLIVER to file AOB.
May 2 2001Counsel's status report received (confidential)
  from atty Myers for applt Oliver.
Jun 7 2001Application for Extension of Time filed
  by applt. LEWIS to file AOB (5th request)
Jun 7 2001Application for Extension of Time filed
  by applt. OLIVER to file AOB (5th request)
Jun 11 2001Extension of Time application Granted
  To 8/10/2001 as to applt. LEWIS to file AOB.
Jun 11 2001Extension of Time application Granted
  To 8/10/2001 as to applt. OLIVER to file AOB.
Jun 14 2001Compensation awarded counsel
  Atty Lewis
Jun 29 2001Counsel's status report received (confidential)
  from atty Myers
Aug 7 2001Application for Extension of Time filed
  by applt. OLIVER to file AOB. (6th request)
Aug 10 2001Application for Extension of Time filed
  by applt. LEWIS to file AOB. (6th request)
Aug 15 2001Extension of Time application Granted
  To 9/24/2001 to applt. LEWIS to file AOB.
Aug 16 2001Extension of Time application Granted
  To 10/9/2001 to applt. OLIVER to file AOB.
Aug 27 2001Counsel's status report received (confidential)
  from atty Myers for applt Oliver.
Sep 18 2001Application for Extension of Time filed
  by applt. LEWIS to file AOB. (7th request)
Sep 24 2001Counsel's status report received (confidential)
  from atty Multhaup for applt Lewis.
Oct 4 2001Extension of Time application Granted
  To 10/19/2001 to applt. LEWIS to file AOB. No further extensions of time are contemplated.
Oct 9 2001Application to file over-length brief filed
  by applt. OLIVER (709 pp. AOB submitted under separate cover)
Oct 15 2001Application for Extension of Time filed
  By applt. LEWIS to file AOB. (8th request)
Oct 16 2001Order filed:
  Application of applt. OLIVER to file AOB in excess of page limit is granted.
Oct 16 2001Appellant's opening brief filed
  by applt. OLIVER. (709 pp.)
Oct 16 2001Extension of Time application Granted
  To 11/8/2001 to applt. LEWIS to file AOB.
Oct 29 2001Counsel's status report received (confidential)
  from atty Myers for applt Oliver.
Nov 8 2001Request for extension of time filed
  by applt. LEWIS to file AOB. (9th request)
Nov 13 2001Compensation awarded counsel
  Atty Multhaup
Nov 20 2001Filed:
  Amended application in support of request for extension of time to file AOB.
Nov 28 2001Extension of time granted
  To 11/30/2001 to applt. LEWIS to file AOB. No further extension will be granted.
Nov 30 2001Filed:
  Applt. LEWIS' compendium of record materials regarding Baston-Wheeler argument. (245 pp.)
Nov 30 2001Appellant's opening brief filed
  by applt. LEWIS. (268 pp.)
Dec 13 2001Compensation awarded counsel
  Atty Multhaup
Dec 17 2001Counsel's status report received (confidential)
  from atty Multhaup for applt Lewis.
Dec 19 2001Request for extension of time filed
  to file respondent's brief. (1st request)
Dec 20 2001Motion for access to sealed record filed
  Motion by respondent for release of sealed records.
Dec 21 2001Extension of time granted
  To 3/1/2002 to file resp.'s brief.
Dec 24 2001Counsel's status report received (confidential)
  from atty Myers for applt Oliver.
Dec 31 2001Opposition filed
  appellant Oliver's opposition to resp.'s motion for release of sealed records
Jan 2 2002Compensation awarded counsel
  Atty Myers
Jan 23 2002Record ordered unsealed
  Respondent's "Motion by Respondent for Release of Sealed Records Necessary to Respond to Issues Raised by Appellants in Their Opening Briefs," filed 12-20-01, is granted in part and denied in part. Respondent's motion is granted in the following respects: The clerk is directed to unseal the following passages of the R.T., and is further directed to transmit copies thereof to respondent: 1. Reporter's Transcript 2-A, pages 201-205 (Oct. 18, 1990). 2. Reporter's Transcript 2-A, pages 221-223 (Oct. 24, 1990). 3. Reporter's Transcript 10-A, page 1299 (Oct. 16, 1992). 4. Reporter's Transcript 10-A, pages 1303-1307 (Oct. 16, 1992). 5. Reporter's Transcript 10-A, pages 1349-1353 (Nov. 18, 1992). 6. Reporter's Transcript 10-B, pages 1406-1412 (Dec. 9, 1992). 7. Reporter's Transcript 20-A, pages 3172-3178 (Feb. 2, 1993). 8. Reporter's Transcript 23-A, pages 3673-3678 (Feb. 8, 1993). 9. Reporter's Transcript 25-A, pages 4061-4063 (Feb. 22, 1993). The clerk is further directed to transmit to respondent copies of: (1) the sealed reporter's transcript of proceedings conducted on October 28, 1991, pages 1-7 (section 987.9 proceeding); (2) appellant Lewis's "Ex Parte Notice of Motion for Appointment of Eyewitness Identification Expert," and appellant Lewis's accompanying declaration, found in the sealed clerk's transcript of Penal Code section 987.9 proceedings, volume 2, at pages 284-287; and (3) the confidential time sheets of appellant Lewis's appointed trial counsel prepared for the three-month time period ending January 6, 1993, the first day of trial. The documents identified in this paragraph shall remain under seal and their use shall be limited solely to the pending proceeding. (Pen. Code, section 987.9.) In all other respects, respondent's motion is denied.
Feb 7 2002Counsel's status report received (confidential)
 
Feb 21 2002Request for extension of time filed
  to file resp's brief. (2 request)
Feb 25 2002Counsel's status report received (confidential)
  from atty Myers for applt Oliver.
Feb 25 2002Extension of time granted
  To 4/30/2002 to file resp.'s brief. Dep. AG Tate anticipates filing the brief by 11/1/2002.
Apr 23 2002Request for extension of time filed
  To file resp's brief. (3rd request)
Apr 25 2002Counsel's status report received (confidential)
  from atty Myers for applt Oliver.
Apr 30 2002Extension of time granted
  To 7/1/2002 to file resp.'s brief. Dep. Atty. General Tate anticipates filing the brief by 11/1/2002. Only two further extensions totaling 123 additional days is contemplated.
May 22 2002Compensation awarded counsel
  Atty Myers
Jun 21 2002Request for extension of time filed
  to file respondent's brief. (4th request)
Jun 26 2002Counsel's status report received (confidential)
  from atty Myers for applt Oliver.
Jun 27 2002Extension of time granted
  To 9/3/2002 to file resp.'s brief. Dep. Atty. General Tate anticipates filing that brief by 11/1/2002. One further extension totaling 59 additional days is contemplated.
Aug 14 2002Counsel's status report received (confidential)
  from atty Multhaup for applt Lewis.
Aug 23 2002Request for extension of time filed
  to file respondent's brief. (5th request)
Aug 26 2002Counsel's status report received (confidential)
  from atty Myers for applt Oliver.
Aug 29 2002Extension of time granted
  to 11-1-2002 to file respondent's brief. After that date, no further extension is contemplated. Extension granted based upon Deputy AG Tate's representation that he anticipates filing the brief by 11-1-2002.
Oct 18 2002Application to file over-length brief filed
  to file respondent's brief. (685 pp. brief submitted under separate cover)
Oct 28 2002Counsel's status report received (confidential)
  from attorney Meyers for appellant Oliver.
Oct 29 2002Order filed
  Respondent's application for leave to file respondent's brief in excess of 280 pages is granted.
Oct 29 2002Respondent's brief filed
  (685 pp.)
Nov 12 2002Request for extension of time filed
  by apellant LEWIS to file appellant's reply brief. (1st request)
Nov 13 2002Extension of time granted
  To 1/17/2003 to appellant LEWIS to file reply brief.
Nov 13 2002Extension of time granted
  To 1/17/2003 to appellant OLIVER to file reply brief.
Nov 13 2002Request for extension of time filed
  by appellant OLIVER to file appellant's reply brief. (1st request)
Dec 9 2002Compensation awarded counsel
  Atty Multhaup
Dec 26 2002Counsel's status report received (confidential)
  from atty Myers for applt Oliver.
Jan 13 2003Request for extension of time filed
  by appellant OLIVER to file appellant's reply brief. (2nd request)
Jan 13 2003Request for extension of time filed
  by appellant LEWIS to file appellant's reply breif. (2nd request)
Jan 15 2003Extension of time granted
  To 3/18/2003 to file appellant LEWIS' reply brief. After that date, only one further extension totaling about 60 additional days is contemplated. Extension is granted based upon counsel Eric S. Multhaup's representation that he anticipates filing that brief by 5/17/2003.
Jan 15 2003Extension of time granted
  To 3/18/2003 to file appellant OLIVER'S reply brief. The court anticiaptes 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.
Feb 28 2003Counsel's status report received (confidential)
  from atty Myers for applt Oliver.
Mar 12 2003Request for extension of time filed
  by appellant LEWIS to file appellant's reply brief. (3rd request)
Mar 14 2003Extension of time granted
  to 5/19/2003 to appellant LEWIS to file appellant's reply brief. After that date, no further extension will be granted. Extension is granted based upon counsel Eric S. Multhaup's representation that he anticipates filing that breif by 5/17/2003.
Mar 17 2003Request for extension of time filed
  by appellant OLIVER to file appellant's reply brief. (3rd request)
Mar 19 2003Extension of time granted
  to 5/19/2003 to appellant OLIVER to file appellant's reply brief. After that date, only two further extensions totaling 75 additional days will be granted. Extension is granted based upon counsel Robert M. Myers's representation that he anticipates filing that brief by 8/2/2003.
Apr 28 2003Counsel's status report received (confidential)
  from atty Myers for applt Oliver.
May 8 2003Application to file over-length brief filed
  to file appellant LEWIS' reply brief. (149 pp. brief submitted under separate cover)
May 8 2003Order filed
  Appellant LEWIS' application for permission to file an oversize reply brief is granted.
May 8 2003Appellant's reply brief filed
  appellant LEWIS. (149 pp.)
May 13 2003Counsel's status report received (confidential)
  from atty Multhaup for applt Lewis.
May 16 2003Request for extension of time filed
  to file appellant OLIVER'S reply brief. (4th request)
May 20 2003Extension of time granted
  to 7/18/2003 to file appellant OLIVER'S reply brief. After that date, only one further extension totaling about 15 additional days will be granted. Extension is granted based upon counsel Robert M. Myers's representation that he anticipates filing that brief by 8/4/2003.
May 21 2003Filed:
  Declaration of appointed counsel, Eric S. Multhaup, in support of fifth fixed fee progress payment (confidential).
May 23 2003Compensation awarded counsel
  Atty Multhaup
Jun 27 2003Counsel's status report received (confidential)
  from atty Myers for applt Oliver.
Jul 15 2003Request for extension of time filed
  by applt OLIVER to file reply brief. (5th request)
Jul 18 2003Extension of time granted
  to 8-11-2003 to file appellant OLIVER'S reply brief. After that date, no further extension will be granted. Extension granted based upon counsel Robert Myers's representation that he anticipates filing the brief by 8-11-2003.
Aug 11 2003Application to file over-length brief filed
  by appellant Anthony Cedric Oliver. (318 pp. reply brief submitted under separate cover)
Aug 19 2003Order filed
  Appellant Anthony Cedric Oliver's "Application for Leave to File Over-Sized Brief," is granted.
Aug 19 2003Appellant's reply brief filed
  Appellant Oliver's brief. (318 pp.)
Aug 25 2003Counsel's status report received (confidential)
  from atty Myers for applt Oliver.
Oct 24 2003Counsel's status report received (confidential)
  from atty Myers for applt Oliver.
Nov 4 2003Related habeas corpus petition filed (concurrent)
  by attorney Multhaup for appellant LEWIS (S120420).
Dec 17 2003Compensation awarded counsel
  Atty Myers
Dec 19 2003Counsel's status report received (confidential)
  from atty Myers for applt Oliver.
Jan 22 2004Compensation awarded counsel
  Atty Myers
Feb 9 2004Related habeas corpus petition filed (concurrent)
  by attorney Meyers for appellant OLIVER (S122545).
Feb 27 2004Counsel's status report received (confidential)
  from atty Myers for applt Oliver.
Mar 17 2004Compensation awarded counsel
  Atty Myers
Mar 23 2004Habeas funds request filed (confidential)
  appellant Lewis's request.
Apr 20 2004Counsel's status report received (confidential)
  from atty Myers for applt Oliver.
Apr 21 2004Compensation awarded counsel
  Atty Myers
Jun 18 2004Counsel's status report received (confidential)
  from atty Myers for applt Oliver.
Aug 3 2004Received:
  from A.G., Alan Tate, requested missing R.T. pg. 4375.
Aug 19 2004Counsel's status report received (confidential)
  from atty Myers for applt Oliver.
Sep 22 2004Order filed re habeas funds request (confidential)
  re: appellant Lewis's application, filed on March 23, 2004.
Oct 18 2004Counsel's status report received (confidential)
  from atty Meyers for appellant Oliver.
Nov 9 2004Exhibit(s) lodged
  People's: 35 (A-F), 36 (A-F), 37, 38 and 74 (A-I).
Jan 12 2005Compensation awarded counsel
  Atty Myers
Feb 2 2005Compensation awarded counsel
  Atty Myers
Apr 14 2006Oral argument letter sent
  advising counsel that case could be scheduled for oral argument as early as the late May calendar, to be held the week of May 30, 2006 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.
Apr 18 2006Filed letter from:
  Eric S. Multhaup counsel for appellant Lewis, dated April 16, 2006, requesting that case not be scheduled during the period of June 6 - 20, 2006 due to long standing, pre-paid trip.
May 2 2006Case ordered on calendar
  June 7, 2006, at 1:30 p.m., in Los Angeles
May 8 2006Argument rescheduled
  Case is now to be argued on June 1, 2006, at 1:30 p.m., in San Francisco
May 12 2006Filed letter from:
  Alan D. Tate, Dep. Attorney General, dated May 12, 2006 re focus issues for oral argument.
May 12 2006Filed letter from:
  attoorney Robery Myers, dated May 11, 2006, re appellant Oliver's focus issues for oral argument.
May 15 2006Filed letter from:
  attorney Eric Multhaup, dated May 11, 2006, re focus issues for appellant Lewis.
May 19 2006Received:
  letter from atty Multhaup, dated 5-17-2006, advising that he is substituting attorney Cliff Gardner for Leslie Abramson as designated assisting counsel for appellant Lewis. Ms. Abramson has recently retired from the active practice of law.
May 22 2006Supplemental brief filed
  "Appellant Lewis' Supplemental Brief Preceding Oral Argument." (1356 words; 5 pp.)
Jun 1 2006Cause argued and submitted
 
Jun 9 2006Compensation awarded counsel
  Atty Multhaup
Jun 14 2006Compensation awarded counsel
  Atty Gardner
Aug 24 2006Opinion filed: Judgment affirmed in full
  Opinion by Baxter, J. -----joined by George, C.J., Kennard, Werdegar, Chin, Moreno & Corrigan JJ.
Sep 7 2006Rehearing petition filed
  by appellant OLIVER. (11,879 words - 53 pp.)
Sep 11 2006Rehearing petition filed
  by appellant LEWIS. (1092 words; 6 pp. - pursuant to rule 40.1(b)(B))
Sep 13 2006Time extended to consider modification or rehearing
  to November 22, 2006, or the date upon which rehearing is either granted or denied, whichever occurs first.
Sep 14 2006Letter sent to:
  respondent requesting answer to petitions for rehearing; due on or before 10-6-2006.
Oct 6 2006Answer to rehearing petition filed
  by respondent. (5170 words; 19 pp.)
Nov 1 2006Rehearing denied
  Opinion modified. Petitions for rehearing DENIED.
Nov 1 2006Opinion modified - no change in judgment
 
Nov 1 2006Remittitur issued (AA)
 
Nov 6 2006Order filed (150 day statement)
 
Nov 6 2006Exhibit(s) returned
  People's 35A-F, 36A-F, 37, 38 and 74A-I.
Nov 15 2006Received:
  acknowledgment of receipt of remittitur.
Nov 22 2006Received:
  acknowledgment of receipt of exhibits from superior court.
Jan 31 2007Received:
  copy of appellant OLIVER's petition for writ of certiorari. (27 pp. - excluding attached appendices)
Feb 5 2007Received:
  letter from U.S.S.C., dated January 31, 2007, advising appellant OLIVER's petition for writ of certiorari filed as No. 06-9146.
Feb 5 2007Received:
  letter from U.S.S.C, dated February 1, 2007, advising appellant LEWIS's petition for writ of certiorari filed as No. 06-9173.
Mar 28 2007Compensation awarded counsel
  Atty Myers
Apr 18 2007Compensation awarded counsel
  Atty Myers
Apr 30 2007Certiorari denied by U.S. Supreme Court
  appellant Oliver's petition.
Apr 30 2007Certiorari denied by U.S. Supreme Court
  appellant Lewis's petition.

Briefs
Oct 16 2001Appellant's opening brief filed
 
Nov 30 2001Appellant's opening brief filed
 
Oct 29 2002Respondent's brief filed
 
May 8 2003Appellant's reply brief filed
 
Aug 19 2003Appellant's reply brief filed
 
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