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.
Date: | Docket Number: |
Thu, 11/02/2006 | S033436M |
1 | The People (Respondent) Represented by Attorney General - Los Angeles Office Alan D. Tate, Deputy Attorney General 300 S. Spring Street, Suite 1702 Los Angeles, CA |
2 | The People (Respondent) Represented by Steven Edward Mercer Office of the Attorney General 300 South Spring St., 5th Floor Los Angeles, CA |
3 | Lewis, Albert (Appellant) San Quentin State Prison Represented by Cliff Gardner Law Office of Cliff Gardner 19 Embarcadero Cove Oakland, CA |
4 | Lewis, Albert (Appellant) San Quentin State Prison Represented by Eric Stephen Multhaup Law Offices of Fischer & Multhaup 20 Sunnyside Avenue, Suite A Mill Valley, CA |
5 | Oliver, Anthony Cedric (Appellant) San Quentin State Prison Represented by Robert M. Myers Newman, Aaronson & Vanaman 14001 Ventura Boulevard Sherman Oaks, CA |
Disposition | |
Aug 24 2006 | Opinion: Affirmed |
Dockets | |
May 21 1993 | Judgment of death |
Jun 21 1993 | Filed certified copy of Judgment of Death Rendered 5-21-93 for Albert Lewis and Anthony Cedric Oliver. |
May 27 1994 | Filed: 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 1994 | Order filed: Appellant Anthony C. Oliver's motion to dismiss automatic appeal denied. |
Mar 6 1998 | Counsel 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 1998 | CAP CONFLICT EXISTS CAP HAS A CONFLICT OF INTEREST AS TO APPELLANT LEWIS. |
May 13 1998 | Counsel 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 1998 | Compensation awarded counsel |
May 28 1998 | Application for Extension of Time filed By Applt Oliver to request Record correction |
Jun 2 1998 | Extension of Time application Granted To 7-30-98 To request Record correction |
Jun 19 1998 | Filed: Request by Counsel (Robert Myers) for Dual representation appointment (Note: received 2-20-98.) |
Jun 19 1998 | Filed: Request by Inmate (Oliver) for Dual representation (Note: received 2-20-98). |
Jun 22 1998 | Application for Extension of Time filed By Applt Lewis to request correction of Record. |
Jun 23 1998 | Filed: Request by Applt Lewis for Dual representation (Note: Form received 5-5-98). |
Jun 23 1998 | Filed: Request by Atty Multhaup for Dual representation of Applt Lewis. (Note: Form received on 5-5-98). |
Jun 23 1998 | Extension of Time application Granted To Applt Albert Lewis To 8-24-98 To request Record correction |
Jul 28 1998 | Application for Extension of Time filed By Applt Oliver to request correction of Record. |
Jul 28 1998 | Extension of Time application Granted To 9-28-98 To request Record correction |
Jul 31 1998 | Filed: Suppl Proof of Service of request for Eot. |
Aug 21 1998 | Application for Extension of Time filed By Applt Lewis to request correction of Record. |
Aug 24 1998 | Filed: Suppl Amended Decl of Service of request for Eot. |
Aug 24 1998 | Extension of Time application Granted To Applt Albert Lewis To 10-23-98 To request Record correction |
Sep 22 1998 | Application for Extension of Time filed By Applt Oliver to request correction of Record. |
Sep 23 1998 | Extension of Time application Granted To Applt Oliver To 10-28-98 To request Corr. of Record. |
Oct 21 1998 | Application for Extension of Time filed By Applt to request Record correction |
Oct 26 1998 | Extension of Time application Granted To Applt Albert Lewis To 11-2-98 To request Record correction |
Nov 3 1998 | Received copy of appellant's record correction motion appellant Lewis's motion for correction and completion of record. (20 pp.) |
Nov 4 1998 | Compensation awarded counsel |
Nov 9 1998 | Received copy of appellant's record correction motion appellant Oliver's request for correction of the record (27 pp.) |
Jan 21 1999 | Compensation awarded counsel |
Feb 18 1999 | Compensation awarded counsel |
Mar 24 1999 | Compensation awarded counsel |
Dec 15 1999 | Compensation awarded counsel Atty Multhaup |
Jul 6 2000 | Counsel's status report received (confidential) atty Eric Multhaup. |
Jul 10 2000 | Counsel's status report received (confidential) atty Robert Myers. |
Jul 14 2000 | Compensation awarded counsel Atty Multhaup |
Sep 1 2000 | Record 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 2000 | Appellant's opening brief letter sent, due: 10/11/2000 |
Sep 5 2000 | Counsel's status report received (confidential) from atty Myers. |
Sep 7 2000 | Compensation awarded counsel Atty Multhaup |
Sep 27 2000 | Compensation awarded counsel Atty Myers for Applt Oliver |
Oct 5 2000 | Application for Extension of Time filed by applt LEWIS to file AOB. (1st request) |
Oct 6 2000 | Application for Extension of Time filed By applt OLIVER to file AOB. (1st request) |
Oct 11 2000 | Extension of Time application Granted To 12/11/2000 to applt LEWIS to file AOB. |
Oct 11 2000 | Extension of Time application Granted To 12/11/2000 to applt OLIVER to file AOB. |
Oct 16 2000 | Filed: Amended proof of service for applt Lewis (ext. of time request to file AOB) |
Dec 4 2000 | Counsel's status report received (confidential) from atty Myers (for applt Oliver) |
Dec 7 2000 | Application for Extension of Time filed By applt LEWIS to file AOB. (2nd request) |
Dec 12 2000 | Application for Extension of Time filed By applt OLIVER to file AOB. (2nd request) |
Dec 12 2000 | Extension of Time application Granted To 2/9/2001 to applt LEWIS to file AOB. |
Dec 13 2000 | Extension of Time application Granted To 2/9/2001 to applt OLIVER to file AOB. |
Dec 20 2000 | Compensation awarded counsel Atty Myers |
Jan 2 2001 | Counsel's status report received (confidential) from atty Myers. |
Jan 11 2001 | Change of Address filed for: Atty Eric Multhaup |
Feb 5 2001 | Application for Extension of Time filed By applt LEWIS to file AOB. (3rd request) |
Feb 5 2001 | Application for Extension of Time filed By applt OLIVER to file AOB. (3rd request) |
Feb 7 2001 | Extension of Time application Granted To 4/10/2001 to applt OLIVER to file AOB. |
Feb 13 2001 | Extension of Time application Granted To applt LEWIS to 4/10/2001 to file AOB. |
Mar 1 2001 | Counsel's status report received (confidential) from atty Myers (for applt Oliver). |
Mar 6 2001 | Compensation awarded counsel Atty Multhaup |
Apr 5 2001 | Application for Extension of Time filed By applt LEWIS to file AOB. (4th request) |
Apr 6 2001 | Application for Extension of Time filed By applt OLIVER to file AOB. (4th request) |
Apr 10 2001 | Extension of Time application Granted To 6/11/2001 as to applt. LEWIS to file AOB. |
Apr 10 2001 | Extension of Time application Granted To 6/11/2001 as to applt. OLIVER to file AOB. |
May 2 2001 | Counsel's status report received (confidential) from atty Myers for applt Oliver. |
Jun 7 2001 | Application for Extension of Time filed by applt. LEWIS to file AOB (5th request) |
Jun 7 2001 | Application for Extension of Time filed by applt. OLIVER to file AOB (5th request) |
Jun 11 2001 | Extension of Time application Granted To 8/10/2001 as to applt. LEWIS to file AOB. |
Jun 11 2001 | Extension of Time application Granted To 8/10/2001 as to applt. OLIVER to file AOB. |
Jun 14 2001 | Compensation awarded counsel Atty Lewis |
Jun 29 2001 | Counsel's status report received (confidential) from atty Myers |
Aug 7 2001 | Application for Extension of Time filed by applt. OLIVER to file AOB. (6th request) |
Aug 10 2001 | Application for Extension of Time filed by applt. LEWIS to file AOB. (6th request) |
Aug 15 2001 | Extension of Time application Granted To 9/24/2001 to applt. LEWIS to file AOB. |
Aug 16 2001 | Extension of Time application Granted To 10/9/2001 to applt. OLIVER to file AOB. |
Aug 27 2001 | Counsel's status report received (confidential) from atty Myers for applt Oliver. |
Sep 18 2001 | Application for Extension of Time filed by applt. LEWIS to file AOB. (7th request) |
Sep 24 2001 | Counsel's status report received (confidential) from atty Multhaup for applt Lewis. |
Oct 4 2001 | Extension of Time application Granted To 10/19/2001 to applt. LEWIS to file AOB. No further extensions of time are contemplated. |
Oct 9 2001 | Application to file over-length brief filed by applt. OLIVER (709 pp. AOB submitted under separate cover) |
Oct 15 2001 | Application for Extension of Time filed By applt. LEWIS to file AOB. (8th request) |
Oct 16 2001 | Order filed: Application of applt. OLIVER to file AOB in excess of page limit is granted. |
Oct 16 2001 | Appellant's opening brief filed by applt. OLIVER. (709 pp.) |
Oct 16 2001 | Extension of Time application Granted To 11/8/2001 to applt. LEWIS to file AOB. |
Oct 29 2001 | Counsel's status report received (confidential) from atty Myers for applt Oliver. |
Nov 8 2001 | Request for extension of time filed by applt. LEWIS to file AOB. (9th request) |
Nov 13 2001 | Compensation awarded counsel Atty Multhaup |
Nov 20 2001 | Filed: Amended application in support of request for extension of time to file AOB. |
Nov 28 2001 | Extension of time granted To 11/30/2001 to applt. LEWIS to file AOB. No further extension will be granted. |
Nov 30 2001 | Filed: Applt. LEWIS' compendium of record materials regarding Baston-Wheeler argument. (245 pp.) |
Nov 30 2001 | Appellant's opening brief filed by applt. LEWIS. (268 pp.) |
Dec 13 2001 | Compensation awarded counsel Atty Multhaup |
Dec 17 2001 | Counsel's status report received (confidential) from atty Multhaup for applt Lewis. |
Dec 19 2001 | Request for extension of time filed to file respondent's brief. (1st request) |
Dec 20 2001 | Motion for access to sealed record filed Motion by respondent for release of sealed records. |
Dec 21 2001 | Extension of time granted To 3/1/2002 to file resp.'s brief. |
Dec 24 2001 | Counsel's status report received (confidential) from atty Myers for applt Oliver. |
Dec 31 2001 | Opposition filed appellant Oliver's opposition to resp.'s motion for release of sealed records |
Jan 2 2002 | Compensation awarded counsel Atty Myers |
Jan 23 2002 | Record 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 2002 | Counsel's status report received (confidential) |
Feb 21 2002 | Request for extension of time filed to file resp's brief. (2 request) |
Feb 25 2002 | Counsel's status report received (confidential) from atty Myers for applt Oliver. |
Feb 25 2002 | Extension 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 2002 | Request for extension of time filed To file resp's brief. (3rd request) |
Apr 25 2002 | Counsel's status report received (confidential) from atty Myers for applt Oliver. |
Apr 30 2002 | Extension 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 2002 | Compensation awarded counsel Atty Myers |
Jun 21 2002 | Request for extension of time filed to file respondent's brief. (4th request) |
Jun 26 2002 | Counsel's status report received (confidential) from atty Myers for applt Oliver. |
Jun 27 2002 | Extension 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 2002 | Counsel's status report received (confidential) from atty Multhaup for applt Lewis. |
Aug 23 2002 | Request for extension of time filed to file respondent's brief. (5th request) |
Aug 26 2002 | Counsel's status report received (confidential) from atty Myers for applt Oliver. |
Aug 29 2002 | Extension 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 2002 | Application to file over-length brief filed to file respondent's brief. (685 pp. brief submitted under separate cover) |
Oct 28 2002 | Counsel's status report received (confidential) from attorney Meyers for appellant Oliver. |
Oct 29 2002 | Order filed Respondent's application for leave to file respondent's brief in excess of 280 pages is granted. |
Oct 29 2002 | Respondent's brief filed (685 pp.) |
Nov 12 2002 | Request for extension of time filed by apellant LEWIS to file appellant's reply brief. (1st request) |
Nov 13 2002 | Extension of time granted To 1/17/2003 to appellant LEWIS to file reply brief. |
Nov 13 2002 | Extension of time granted To 1/17/2003 to appellant OLIVER to file reply brief. |
Nov 13 2002 | Request for extension of time filed by appellant OLIVER to file appellant's reply brief. (1st request) |
Dec 9 2002 | Compensation awarded counsel Atty Multhaup |
Dec 26 2002 | Counsel's status report received (confidential) from atty Myers for applt Oliver. |
Jan 13 2003 | Request for extension of time filed by appellant OLIVER to file appellant's reply brief. (2nd request) |
Jan 13 2003 | Request for extension of time filed by appellant LEWIS to file appellant's reply breif. (2nd request) |
Jan 15 2003 | Extension 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 2003 | Extension 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 2003 | Counsel's status report received (confidential) from atty Myers for applt Oliver. |
Mar 12 2003 | Request for extension of time filed by appellant LEWIS to file appellant's reply brief. (3rd request) |
Mar 14 2003 | Extension 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 2003 | Request for extension of time filed by appellant OLIVER to file appellant's reply brief. (3rd request) |
Mar 19 2003 | Extension 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 2003 | Counsel's status report received (confidential) from atty Myers for applt Oliver. |
May 8 2003 | Application to file over-length brief filed to file appellant LEWIS' reply brief. (149 pp. brief submitted under separate cover) |
May 8 2003 | Order filed Appellant LEWIS' application for permission to file an oversize reply brief is granted. |
May 8 2003 | Appellant's reply brief filed appellant LEWIS. (149 pp.) |
May 13 2003 | Counsel's status report received (confidential) from atty Multhaup for applt Lewis. |
May 16 2003 | Request for extension of time filed to file appellant OLIVER'S reply brief. (4th request) |
May 20 2003 | Extension 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 2003 | Filed: Declaration of appointed counsel, Eric S. Multhaup, in support of fifth fixed fee progress payment (confidential). |
May 23 2003 | Compensation awarded counsel Atty Multhaup |
Jun 27 2003 | Counsel's status report received (confidential) from atty Myers for applt Oliver. |
Jul 15 2003 | Request for extension of time filed by applt OLIVER to file reply brief. (5th request) |
Jul 18 2003 | Extension 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 2003 | Application to file over-length brief filed by appellant Anthony Cedric Oliver. (318 pp. reply brief submitted under separate cover) |
Aug 19 2003 | Order filed Appellant Anthony Cedric Oliver's "Application for Leave to File Over-Sized Brief," is granted. |
Aug 19 2003 | Appellant's reply brief filed Appellant Oliver's brief. (318 pp.) |
Aug 25 2003 | Counsel's status report received (confidential) from atty Myers for applt Oliver. |
Oct 24 2003 | Counsel's status report received (confidential) from atty Myers for applt Oliver. |
Nov 4 2003 | Related habeas corpus petition filed (concurrent) by attorney Multhaup for appellant LEWIS (S120420). |
Dec 17 2003 | Compensation awarded counsel Atty Myers |
Dec 19 2003 | Counsel's status report received (confidential) from atty Myers for applt Oliver. |
Jan 22 2004 | Compensation awarded counsel Atty Myers |
Feb 9 2004 | Related habeas corpus petition filed (concurrent) by attorney Meyers for appellant OLIVER (S122545). |
Feb 27 2004 | Counsel's status report received (confidential) from atty Myers for applt Oliver. |
Mar 17 2004 | Compensation awarded counsel Atty Myers |
Mar 23 2004 | Habeas funds request filed (confidential) appellant Lewis's request. |
Apr 20 2004 | Counsel's status report received (confidential) from atty Myers for applt Oliver. |
Apr 21 2004 | Compensation awarded counsel Atty Myers |
Jun 18 2004 | Counsel's status report received (confidential) from atty Myers for applt Oliver. |
Aug 3 2004 | Received: from A.G., Alan Tate, requested missing R.T. pg. 4375. |
Aug 19 2004 | Counsel's status report received (confidential) from atty Myers for applt Oliver. |
Sep 22 2004 | Order filed re habeas funds request (confidential) re: appellant Lewis's application, filed on March 23, 2004. |
Oct 18 2004 | Counsel's status report received (confidential) from atty Meyers for appellant Oliver. |
Nov 9 2004 | Exhibit(s) lodged People's: 35 (A-F), 36 (A-F), 37, 38 and 74 (A-I). |
Jan 12 2005 | Compensation awarded counsel Atty Myers |
Feb 2 2005 | Compensation awarded counsel Atty Myers |
Apr 14 2006 | Oral 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 2006 | Filed 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 2006 | Case ordered on calendar June 7, 2006, at 1:30 p.m., in Los Angeles |
May 8 2006 | Argument rescheduled Case is now to be argued on June 1, 2006, at 1:30 p.m., in San Francisco |
May 12 2006 | Filed letter from: Alan D. Tate, Dep. Attorney General, dated May 12, 2006 re focus issues for oral argument. |
May 12 2006 | Filed letter from: attoorney Robery Myers, dated May 11, 2006, re appellant Oliver's focus issues for oral argument. |
May 15 2006 | Filed letter from: attorney Eric Multhaup, dated May 11, 2006, re focus issues for appellant Lewis. |
May 19 2006 | Received: 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 2006 | Supplemental brief filed "Appellant Lewis' Supplemental Brief Preceding Oral Argument." (1356 words; 5 pp.) |
Jun 1 2006 | Cause argued and submitted |
Jun 9 2006 | Compensation awarded counsel Atty Multhaup |
Jun 14 2006 | Compensation awarded counsel Atty Gardner |
Aug 24 2006 | Opinion filed: Judgment affirmed in full Opinion by Baxter, J. -----joined by George, C.J., Kennard, Werdegar, Chin, Moreno & Corrigan JJ. |
Sep 7 2006 | Rehearing petition filed by appellant OLIVER. (11,879 words - 53 pp.) |
Sep 11 2006 | Rehearing petition filed by appellant LEWIS. (1092 words; 6 pp. - pursuant to rule 40.1(b)(B)) |
Sep 13 2006 | Time 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 2006 | Letter sent to: respondent requesting answer to petitions for rehearing; due on or before 10-6-2006. |
Oct 6 2006 | Answer to rehearing petition filed by respondent. (5170 words; 19 pp.) |
Nov 1 2006 | Rehearing denied Opinion modified. Petitions for rehearing DENIED. |
Nov 1 2006 | Opinion modified - no change in judgment |
Nov 1 2006 | Remittitur issued (AA) |
Nov 6 2006 | Order filed (150 day statement) |
Nov 6 2006 | Exhibit(s) returned People's 35A-F, 36A-F, 37, 38 and 74A-I. |
Nov 15 2006 | Received: acknowledgment of receipt of remittitur. |
Nov 22 2006 | Received: acknowledgment of receipt of exhibits from superior court. |
Jan 31 2007 | Received: copy of appellant OLIVER's petition for writ of certiorari. (27 pp. - excluding attached appendices) |
Feb 5 2007 | Received: 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 2007 | Received: 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 2007 | Compensation awarded counsel Atty Myers |
Apr 18 2007 | Compensation awarded counsel Atty Myers |
Apr 30 2007 | Certiorari denied by U.S. Supreme Court appellant Oliver's petition. |
Apr 30 2007 | Certiorari denied by U.S. Supreme Court appellant Lewis's petition. |
Briefs | |
Oct 16 2001 | Appellant's opening brief filed |
Nov 30 2001 | Appellant's opening brief filed |
Oct 29 2002 | Respondent's brief filed |
May 8 2003 | Appellant's reply brief filed |
Aug 19 2003 | Appellant's reply brief filed |