Stanford Law School - Robert Crown Law Library

Filed 7/16/08

IN THE SUPREME COURT OF CALIFORNIA
THE PEOPLE,
S029588
Plaintiff and Respondent,
Tulare County
v.
Super. Ct. No. 27383
CHARLES KEITH RICHARDSON,
)
Defendant and Appellant.

MODIFICATION OF OPINION
THE COURT:
The opinion herein, filed on May 22, 2008, appearing at 43 Cal.4th 959, is
modified as follows:
1. The first sentence of part c. on page 980 is modified to read:
DNA in semen found on a rectal slide taken from April was found to be
consistent with Steven Brown’s DNA.
2. On page 1017, before the heading “3. Sufficiency of the Evidence for
Lewd Conduct,” the following subheading and paragraph are inserted:
c. Comparison of Photographs
Defendant also argues the prosecutor committed misconduct in closing
argument because he “improperly asked the jury to second-guess the experts by
becoming experts themselves and compare the photographs of the pubic hair
evidence to decide for themselves whether they matched.” Defendant failed to
object to the prosecutor’s argument on this ground and thus failed to preserve the
issue for appeal. (People v. Hill (1998) 17 Cal.4th 800, 820.) Were we to reach
the issue, we would find no error. The permissible scope of closing argument is

---

broad, and the prosecutor’s recommendation that the jury should use its common
sense when both evaluating conflicting expert evidence and examining the
photographs fell well within the boundaries of permissible argument.
This modification does not affect the judgment.

---

Automatic appeal from a judgment of death.

Opinion Information

Date:	Citation:	Docket Number:	Category:	Status:	Cross Referenced Cases:
Wed, 07/16/2008	43 Cal.4th 959 original opinion 44 Cal. 4th 385a modification	S029588M	Automatic Appeal	closed; remittitur issued	RICHARDSON v. S.C. (PEOPLE) (S127275) RICHARDSON (CHARLES KEITH) ON H.C. (S148523)

Disposition
May 22 2008	Opinion: Affirmed

Dockets
Oct 7 1992	Judgment of death
Nov 3 1992	Filed certified copy of Judgment of Death Rendered   10-7-92.
Jan 15 1997	Counsel appointment order filed   Upon request of appellant for appointment of counsel, Richard J. Moller is hereby appointed as lead counsel, and Karen Kelly is appointed as associate counsel, to represent appellant on his automatic appeal now pending in this court, including any related habeas proceedings.
Jan 16 1997	Compensation awarded counsel
Feb 14 1997	Application for Extension of Time filed   To request Record correction
Feb 19 1997	Extension of Time application Granted   To May 2,1997 To request Record correction
Apr 28 1997	Application for Extension of Time filed   By Applt to request correction of the Record.
Apr 29 1997	Extension of Time application Granted   To Applt To 7-1-97 To request Corr. of Record.
Jun 24 1997	Application for Extension of Time filed   By Applt to request correction of the Record.
Jun 26 1997	Extension of Time application Granted   To Applt To 9-2-97 To request Corr. of Record.
Aug 22 1997	Application for Extension of Time filed   By Applt to request correction of the Record.
Aug 25 1997	Extension of Time application Granted   To Applt To 11-3-97 To request Corr. of Record.
Oct 27 1997	Application for Extension of Time filed   By Applt to request Record correction
Oct 29 1997	Extension of Time application Granted   To January 2,1998 To request Record correction
Dec 29 1997	Application for Extension of Time filed   By Applt to request correction of the Record.
Dec 30 1997	Extension of Time application Granted   To March 3,1998 To request Record correction
Mar 2 1998	Application for Extension of Time filed   By Applt to request correction of Record.
Mar 6 1998	Extension of Time application Granted   To Applt To 5-4-98 To request Corr. of Record. no further Extensions of time Are Contemplated.
Apr 27 1998	Received copy of appellant's record correction motion   appellant's request to correct, augment, and settle the record, to examine sealed transcripts and sealed records (46 pp.)
Jul 13 1998	Compensation awarded counsel
Aug 26 1998	Compensation awarded counsel
Feb 19 1999	Compensation awarded counsel
Sep 13 1999	Compensation awarded counsel
Dec 14 1999	Compensation awarded counsel   Atty Moller
Jan 13 2000	Compensation awarded counsel   Atty Moller
Jan 24 2000	Motion filed   Applt's joint motion to withdraw as Atty of Record and be Reappointed as Independent Counsel for the direct Appeal and Habeas Corpus and Clemency.
Feb 16 2000	Order filed:   Good cause appearing, the application of appointed lead and associate counsel for permission to withdraw, respectively, as habeas corpus/executive clemency attorney of record and as appellate attorney of record for appellant Charles K. Richardson, filed 1-24-2000, is granted. The order appointing Richard Jay Moller as lead counsel of record for appellant Charles K. Richardson, filed 1-15-97, is hereby vacated with respect to the investigation and/or initiation of state habeas corpus/executive clemency proceedings related to appellant's capital appeal now pending before this court. Mr. Moller shall remain as lead counsel of record for appellant Richardson's capital appeal, and shall continue to be responsible for all appellate duties as specified in Supreme Court Policies Regarding Cases Arising From Judgments of Death, Pollicy 3, standards 1-1 and 2-1. The order appointing Karen Kelly as associate counsel of record for appellant Charles Keith Richardson, filed 1-15-97, is hereby vacated with respect to appellant's pending capital appeal. Ms. Kelly shall remain as counsel of record to represent appellant for the investigation and/or initiation of state habeas corpus/executive clemency proceedings related to the above capital appeal, and, as lead counsel, shall be responsible for all habeas corpus/executive clemency duties as specified in Supreme Court Polices Regarding Cases Arising from Judgments of Death, Policy 3, standards 1-1 and 2-1.
Mar 2 2000	Compensation awarded counsel   Atty Kelly
Mar 29 2000	Compensation awarded counsel   Atty Kelly
May 1 2000	Compensation awarded counsel   Atty Kelly
May 24 2000	Compensation awarded counsel   Atty Kelly
Aug 9 2000	Compensation awarded counsel   Atty Kelly
Aug 24 2000	Counsel's status report received (confidential)   from atty Karen Kelly.
Aug 29 2000	Counsel's status report received (confidential)   from atty Moller.
Oct 18 2000	Compensation awarded counsel   Atty Kelly
Oct 20 2000	Counsel's status report received (confidential)   from atty Moller.
Oct 27 2000	Counsel's status report received (confidential)   from atty Kelly.
Nov 17 2000	Compensation awarded counsel   Atty Kelly
Dec 15 2000	Counsel's status report received (confidential)   from atty Moller.
Jan 17 2001	Compensation awarded counsel   Atty Kelly
Jan 18 2001	Counsel's status report received (confidential)   from atty Kelly.
Feb 20 2001	Counsel's status report received (confidential)   from atty Moller.
Mar 15 2001	Compensation awarded counsel   Atty Kelly
Mar 19 2001	Counsel's status report received (confidential)   from atty Kelly.
Apr 5 2001	Counsel's status report received (confidential)   from atty Moller.
May 23 2001	Compensation awarded counsel   Atty Kelly
Jun 7 2001	Counsel's status report received (confidential)   from atty Kelly.
Jun 14 2001	Counsel's status report received (confidential)   from atty Moller.
Jun 14 2001	Compensation awarded counsel   Atty Kelly
Aug 16 2001	Counsel's status report received (confidential)   from atty Moller.
Aug 22 2001	Compensation awarded counsel   Atty Kelly
Oct 9 2001	Counsel's status report received (confidential)   from atty Kelly.
Oct 15 2001	Counsel's status report received (confidential)   from atty Kelly.
Oct 19 2001	Counsel's status report received (confidential)   from atty Moller.
Nov 13 2001	Compensation awarded counsel   Atty Kelly
Nov 19 2001	Counsel's status report received (confidential)   from atty Moller.
Dec 6 2001	Note:   The record on appeal was returned to Tulare County, on 12/5/2001, to correct the following: Prepare a master index for the RT (Rule 9 (d)); Submit the origianl certificate signed by the Judge, certifying the record to this court; prepare missing vols. 59 and 60 of the RT.
Dec 13 2001	Counsel's status report received (confidential)   from atty Moller.
Feb 13 2002	Compensation awarded counsel   Atty Kelly
Feb 13 2002	Compensation awarded counsel   Atty Kelly
Feb 19 2002	Counsel's status report received (confidential)   from atty Kelly.
Mar 22 2002	Counsel's status report received (confidential)   from atty Moller.
Apr 17 2002	Compensation awarded counsel   Atty Kelly
Apr 29 2002	Counsel's status report received (confidential)   from atty Moller.
May 7 2002	Counsel's status report received (confidential)   from atty Kelly.
Jul 9 2002	Counsel's status report received (confidential)   from atty Moller.
Jul 26 2002	Counsel's status report received (confidential)   from atty Kelly.
Aug 14 2002	Compensation awarded counsel   Atty Kelly
Sep 9 2002	Counsel's status report received (confidential)   from atty Moller.
Sep 19 2002	Compensation awarded counsel   Atty Moller
Sep 19 2002	Compensation awarded counsel   Atty Moller
Oct 4 2002	Counsel's status report received (confidential)   from atty Kelly.
Nov 12 2002	Counsel's status report received (confidential)   from atty Moller.
Dec 26 2002	Counsel's status report received (confidential)   from atty Moller.
Jan 9 2003	Counsel's status report received (confidential)   from atty Kelly.
Jan 24 2003	Compensation awarded counsel   Atty Moller
Jan 28 2003	Record on appeal filed   Clerk's transcript 53 volumes (13811 pp.) and reporter's transcript 179 volumes (17418 pp.), including material under seal. Clerk's transcript includes 5461 pp. of juror questionnaires.
Jan 28 2003	Appellant's opening brief letter sent, due:   March 10, 2003.
Feb 19 2003	Compensation awarded counsel   Atty Moller
Feb 21 2003	Counsel's status report received (confidential)   from atty Moller.
Feb 21 2003	Request for extension of time filed   to file appellant's opening brief. (1st request)
Feb 26 2003	Extension of time granted   to 5/9/2003 to file appellant's opening brief. The court anticipates that after that date, only five further extensions totaling 300 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 Kelly.
Apr 9 2003	Compensation awarded counsel   Atty Kelly
Apr 25 2003	Counsel's status report received (confidential)   from atty Moller.
Apr 25 2003	Request for extension of time filed   to file appellant's opening brief. (2nd request)
Apr 30 2003	Extension of time granted   to 7/8/2003 to file appellant's opening brief. The court anticipates that after that date, only four further extensions totaling 240 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.
Jun 18 2003	Counsel's status report received (confidential)   from atty Kelly.
Jun 25 2003	Request for extension of time filed   to file appellant's opening brief. (3rd request)
Jun 25 2003	Counsel's status report received (confidential)   from atty Moller.
Jun 27 2003	Extension of time granted   to 9/8/2003 to file appellant's opening brief. The court anticipates that after that date, only three further extensions totaling 180 additional days will be granted. Counsel is ordered to inform his or her assisting attorney or entity, if any, and any assisting attorney or entity of any separate counsel of record, of this schedule, and to take all steps necessary to meet it.
Aug 26 2003	Request for extension of time filed   to file appellant's opening brief. (4th request)
Aug 26 2003	Counsel's status report received (confidential)   from atty Moller.
Aug 28 2003	Extension of time granted   to 11-7-2003 to file AOB. The court anticipates that after that date, only two further extensions totaling 120 additional days will be granted. Counsel is ordered to inform his or her assisting attorney or entity, if any, and any assisting attorney or entity of any separate counsel of record, of this schedule, and to take all steps necessary to meet it.
Sep 12 2003	Counsel's status report received (confidential)   from atty Kelly.
Sep 22 2003	Counsel's status report received (confidential)   from atty Kelly.
Oct 24 2003	Request for extension of time filed   to file appellant's opening brief. (5th request)
Oct 24 2003	Counsel's status report received (confidential)   from atty Moller.
Oct 28 2003	Compensation awarded counsel   Atty Kelly
Nov 4 2003	Extension of time granted   to 1/6/2004 to file appellant's opening brief. After that date, only three further extensions totaling about 180 additional days will be granted. Extension is granted based uponcounsel Richard Jay Moller's representation that he anticipates filing that brief by 6/30/2004.
Nov 12 2003	Compensation awarded counsel   Atty Kelly
Dec 1 2003	Counsel's status report received (confidential)   from atty Kelly.
Dec 3 2003	Change of Address filed for:   habeas corpus counsel Karen Kelly.
Dec 26 2003	Counsel's status report received (confidential)   from atty Moller.
Dec 26 2003	Request for extension of time filed   to file appellant's opening brief. (6th request)
Dec 31 2003	Extension of time granted   to 3/8/2004. After that date, only two further extensions totaling about 120 additional days will be granted. Extension is granted based upon counsel Richard Jay Moller's representation that he anticipates filing that brief by June 30, 2004
Jan 27 2004	Counsel's status report received (confidential)   from atty Kelly.
Feb 3 2004	Compensation awarded counsel   Atty Kelly
Feb 25 2004	Request for extension of time filed   to file appellant's opening brief. (7th request)
Feb 25 2004	Counsel's status report received (confidential)   from atty Moller.
Mar 1 2004	Extension of time granted   to 5/7/2004 to file appellant's opening brief. After that date, only one further extension totaling about 60 additional days will be granted. Extension is granted based upon counsel Richard Jay Moller's representation that he anticipates filing that brief by 6/30/2004.
Mar 3 2004	Compensation awarded counsel   Atty Kelly
Mar 24 2004	Counsel's status report received (confidential)   from atty Kelly.
Mar 24 2004	Change of contact information filed for:   attorney Karen Kelly.
Apr 26 2004	Counsel's status report received (confidential)   from atty Moller.
Apr 26 2004	Request for extension of time filed   to file appellant's opening brief. (8th request)
Apr 28 2004	Extension of time granted   to 6/30/2004 to file appellant's opening brief. Extension is granted based upon counsel Richard Jay Moller's representation that he anticipates filing that brief by 6/30/2004. After that date, no further extension will be granted.
May 6 2004	Compensation awarded counsel   Atty Kelly
May 12 2004	Compensation awarded counsel   Atty Kelly
May 25 2004	Application to file over-length brief filed   by appellant to file opening brief. (175,561 word brief submitted under separate cover)
May 26 2004	Order filed   Appellant's application for leave to file opening brief in excess of word count limit is granted.
May 26 2004	Appellant's opening brief filed   (175,561 words - 622 pages)
Jun 7 2004	Compensation awarded counsel   Atty Moller
Jun 30 2004	Request for extension of time filed   to file respondent's brief. (1st request)
Jul 2 2004	Extension of time granted   to 8/24/2004 to file respondent's brief.
Jul 7 2004	Filed:   Amended proof of service of request for extension of time to file respondent's brief.
Jul 12 2004	Counsel's status report received (confidential)   from atty Kelly.
Aug 5 2004	Compensation awarded counsel   Atty Kelly
Aug 17 2004	Request for extension of time filed   to file respondent's brief. (2nd request)
Aug 18 2004	Compensation awarded counsel   Atty Kelly
Aug 23 2004	Note:   related petition for writ of mandate/prohibition (related to motion for DNA testing) filed this date, no. S127275.
Aug 23 2004	Filed:   Appellant's application for permission to file supplemental brief. (1345 word brief submitted under separate cover)
Aug 25 2004	Order filed   Appellant's application for permissin to file supplemental brief is granted.
Aug 25 2004	Filed:   Appellant's supplemental brief. (1345 words - 5 pp.)
Aug 25 2004	Extension of time granted   to 10/25/2004 to file respondent's brief. After that date, only four further extensions totaling about 270 additional days will be granted. Extension is granted based upon Deputy Attorney General Kathleen A. McKenna's representation that she anticipates filing that brief by 5/25/2005.
Sep 7 2004	Supplemental record/transcript filed   Reporter's transcript, dated 8/6/2004, re motion for DNA testing. (6 pp.)
Oct 15 2004	Request for extension of time filed   to file respondent's brief. (3rd request)
Oct 19 2004	Extension of time granted   to 12/22/2004 to file respondent's brief. After that date, only three further extensions totaling about 210 additional days will be granted. Extension is granted based upon Deputy Attorney General Kathleen A. McKenna's representation that she anticipates filing that brief by 5/25/2005.
Oct 21 2004	Counsel's status report received (confidential)   from atty Kelly.
Nov 22 2004	Habeas funds request filed (confidential)
Dec 15 2004	Order filed re habeas funds request (confidential)
Dec 20 2004	Request for extension of time filed   to file respondent's brief. (4th request)
Dec 22 2004	Extension of time granted   to 2/22/2005 to file respondent's brief. After that date, only two further extensions totaling about 150 additional days will be granted. Extension is granted based upon Deputy Attorney General Kathleen A. McKenna's representation that she anticipates filing that brief by 5/25/2005.
Feb 9 2005	Counsel's status report received (confidential)   from atty Kelly.
Feb 15 2005	Request for extension of time filed   to file respondent's brief. (5th request)
Feb 16 2005	Compensation awarded counsel   Atty Kelly
Feb 22 2005	Extension of time granted   to 4/25/2005 to file respondent's brief. After that date, only one further extension totaling about 30 additional days will be granted. Extension is graned based upon Deputy Attorney General Kathleen A. McKenna's representation that she anticipates filing that brief by 5/25/2005.
Feb 23 2005	Compensation awarded counsel   Atty Kelly
Mar 16 2005	Note:   CHARLES KEITH RICHARDSON v. S.C. TULARE COUNTY, THE PEOPLE - S127275 consolidated with this case pursuant to order filed this date. Return to order to show cause due 4/15/2005.
Apr 5 2005	Request for extension of time filed   to file return to order to show cause. (1st request)
Apr 15 2005	Extension of time granted   to 5/16/2005 to file the return to the order to show cause. After that date, no further extension is contemplated. Extension is granted based upon Deputy Attorney General Kathleen A. McKenna's epresentation that she anticipates filing that brief by 5/15/2005.
Apr 20 2005	Request for extension of time filed   to file respondent's brief. (6th request)
Apr 25 2005	Counsel's status report received (confidential)   from atty Kelly.
Apr 25 2005	Extension of time granted   to 5/25/2005 to file respondent's brief. Extension is granted based upon Deputy Attorney General Kathleen A. McKenna's representation that she anticipates filing that brief by 5/25/2005. After that date, no further extension will be granted.
May 4 2005	Compensation awarded counsel   Atty Kelly
May 16 2005	Written return filed   to OSC (Richardson v. Superior Court, S127275). (33 pp.)
May 18 2005	Compensation awarded counsel   Atty Kelly
May 25 2005	Respondent's brief filed   (77268 words; 287 pp.)
Jun 2 2005	Request for extension of time filed   to file appellant's reply brief. (1st request)
Jun 2 2005	Reply to return filed   by attorney Richard Jay Moller (Richardson v. Superior Court, S127275). (18 pp.)
Jun 8 2005	Extension of time granted   to 8/12/2005 to file appellant's reply brief.
Jun 24 2005	Counsel's status report received (confidential)   from atty Kelly.
Jul 13 2005	Compensation awarded counsel   Atty Moller
Jul 25 2005	Request for extension of time filed   to file appellant's reply brief. (2nd request)
Jul 25 2005	Counsel's status report received (confidential)   from atty Moller.
Jul 26 2005	Extension of time granted   to 10/11/2005 to file appellant's reply brief. After that date, only four further extensions totaling about 210 additional days are contemplated. Extension is granted based upon counsel Richard Jay Moller's representation that he anticipates filing that brief by 6/2006.
Aug 17 2005	Compensation awarded counsel   Atty Kelly
Sep 20 2005	Counsel's status report received (confidential)   from atty Kelly.
Sep 23 2005	Request for extension of time filed   to file appellant's reply brief. (3rd request)
Sep 23 2005	Counsel's status report received (confidential)   from atty Moller.
Sep 29 2005	Extension of time granted   to 12/9/2005 to file appellant's reply brief. After that date, only three further extensions totaling about 150 additional days will be granted. Extension is granted based upon counsel Richard Jay Moller's representation that he anticipates filing that brief by 6/2006.
Nov 28 2005	Request for extension of time filed   to file reply brief. (4th request)
Nov 28 2005	Counsel's status report received (confidential)   from atty Moller.
Dec 1 2005	Extension of time granted   to 2/7/2006 to file the reply brief. After that date, only two further extensions totaling about 90 additional days will be granted. Extension is granted based upon counsel Richard Moller's representation that he anticipates filing that brief by June 2006.
Dec 16 2005	Counsel's status report received (confidential)   from atty Kelly.
Jan 18 2006	Compensation awarded counsel   Atty Kelly
Feb 3 2006	Request for extension of time filed   to file appellant's reply brief. (5th request)
Feb 3 2006	Counsel's status report received (confidential)   from atty Moller.
Feb 7 2006	Extension of time granted   to 4/10/2006 to file the appellant's reply brief. After that date, only one further extension totaling about 60 additional days will be granted. Extension is granted based upon counsel Richard Jay Moller's representation that he anticipates filing that brief by June 2006.
Mar 27 2006	Counsel's status report received (confidential)   from atty Moller.
Mar 27 2006	Request for extension of time filed   to file appellant's reply brief. (6th request)
Mar 28 2006	Extension of time granted   to June 9, 2006 to file appellant's opening brief. Extension is granted based upon counsel Richard Jay Moller's representation that he anticipates filing that brief by June 9, 2006. After that date, no further extension will be granted.
May 30 2006	Counsel's status report received (confidential)   from atty Kelly.
Jun 8 2006	Appellant's reply brief filed   (46,461 words; 169 pp.)
Jun 21 2006	Compensation awarded counsel   Atty Moller
Jul 28 2006	Counsel's status report received (confidential)   from atty Kelly.
Oct 16 2006	Counsel's status report received (confidential)   from atty Kelly.
Dec 5 2006	Related habeas corpus petition filed (concurrent)   S148523.
Dec 20 2006	Compensation awarded counsel   Atty Kelly
Jan 2 2007	Motion for access to sealed record filed   respondent's "Request for Sealed Records Pursuant to Penal Code Section 987.9, Subdivision (D)."
Jan 12 2007	Filed:   petitioner's response to respondent's request for sealed records.
Feb 28 2007	Motion denied   Respondent's "Request for Sealed Records Pursuant to Penal Code Section 987.9, Subdivision (d)," filed on December 27, 2006, is denied because the record on appeal does not contain any such records.
Mar 22 2007	Filed:   additional record on appeal, clerk's transcript 5 volumes (978 pp.)
Mar 22 2007	Letter sent to:   counsel advising additional record on appeal filed this date.
Mar 26 2007	Motion for access to sealed record filed   by respondent.
Apr 25 2007	Motion for access to sealed record granted   Respondent's "Renewed Request for Sealed Records Pursuant to Penal Code Section 987.9, Subdivision (d)," filed on March 26, 2007, is granted. The Clerk of this court is directed to provide respondent with copies of the two volumes of sealed section 987.9 materials, pages 1 through 322, filed in this court on March 22, 2007. Except as provided herein, these documents must remain under seal and their use must be limited solely to the pending proceeding. (Pen. Code Section 987.9, subd. (d); see also Cal. Rules of Court, rule 8.160(g).)
May 24 2007	Compensation awarded counsel   Atty Kelly
Jun 13 2007	Compensation awarded counsel   Atty Kelly
Aug 24 2007	Received:   copies of (missing) pp. 4851-4865 of volume 41 of the reporter's transcript of defendant's second trial, from attorney Moller.
Aug 27 2007	Note:   copies of pp. 4851-4865 of volume 41 of the reporter's transcript sent to attorney Karen Kelly and Deputy AG McKenna this date.
Aug 29 2007	Exhibit(s) lodged   People's exhibits, nos. 17 and 19.
Sep 26 2007	Habeas funds request filed (confidential)
Sep 26 2007	Compensation awarded counsel   Atty Kelly
Oct 18 2007	Compensation awarded counsel   Atty Kelly
Nov 14 2007	Previously consolidated cases ordered severed   Review in Richardson v. Superior Court (People), S127275, is severed from review in People v. Charles Keith Richardson, S029588. The Clerk of the Court is directed to reopen case number S127275 for determination of the cause by this court.
Dec 27 2007	Oral argument letter sent   advising counsel that the court could schedule this case for argument as early as the February 2008 calendar, to be held the week of February 4, 2008, in Sacramento. The advisement of "focus issues," notification that two counsel are required, and any request for oral argument time in excess of 30 minutes must be submitted to the court within 10 days of the order setting the case for argument.
Feb 6 2008	Case ordered on calendar   to be argued Thursday, March 6, 2008, at 1:30 p.m., in San Francisco
Feb 19 2008	Filed:   appellant's focus issues letter, dated February 13, 2008.
Feb 19 2008	Received:   appellant's letter of additional authorities, dated February 13, 2008.
Feb 27 2008	Received:   appearance sheet from R. Jay Moller, indicating 45 minutes for oral argument for appellant.
Mar 6 2008	Cause argued and submitted
Mar 12 2008	Order filed re habeas funds request (confidential)
Mar 20 2008	Compensation awarded counsel   Atty Kelly
Mar 20 2008	Compensation awarded counsel   Atty Moller
Apr 9 2008	Compensation awarded counsel   Atty Kelly
May 21 2008	Notice of forthcoming opinion posted
May 22 2008	Opinion filed: Judgment affirmed in full   The matter is remanded to the trial court for reconsideration of the question of the restitution fine. In all other respects, the judgment is affirmed. opinion by Moreno, J. -----joined by George, C.J., Kennard, Baxter, Werdegar, Chin and Corrigan, JJ.
Jun 13 2008	Rehearing petition filed   by appellant (726 words; 4 pp.) (note: envelope indicates petition was mailed via priority mail June 6, 2008 and remailed on June 11, 2008. Petition was received at the court this date.)
Jun 18 2008	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 20, 2008, or the date upon which rehearing is either granted or denied., whichever occurs first.
Jun 18 2008	Compensation awarded counsel   Atty Kelly
Jun 25 2008	Compensation awarded counsel   Atty Kelly
Jul 16 2008	Rehearing denied   The opinion is modified on the court's own motion. The petition for rehearing is denied.
Jul 16 2008	Opinion modified - no change in judgment
Jul 16 2008	Remittitur issued (AA)
Jul 17 2008	Exhibit(s) returned   to superior court.
Jul 24 2008	Received:   acknowledgment of receipt of exhibits from superior court.
Jul 25 2008	Received:   acknowledgment of receipt of remittitur from the superior court.
Oct 1 2008	Compensation awarded counsel   Atty Moller
Oct 16 2008	Compensation awarded counsel   Atty Kelly
Nov 17 2008	Received:   letter from U.S.S.C, dated November 13, 2008, advising that a petition for writ of certiorari was filed on October 6, 2008, and placed on its docket November 13, 2008 as No. 08-7202.
Nov 20 2008	Compensation awarded counsel   Atty Kelly
Feb 23 2009	Certiorari denied by U.S. Supreme Court
Apr 20 2009	Counsel fee request received   Atty Kelly
Jun 10 2009	Compensation awarded counsel   Atty Kelly
Oct 29 2009	Compensation awarded counsel   Atty Kelly

Briefs
May 26 2004	Appellant's opening brief filed
May 16 2005	Written return filed
May 25 2005	Respondent's brief filed
Jun 2 2005	Reply to return filed
Jun 8 2006	Appellant's reply brief filed

If you'd like to submit a brief document to be included for this opinion, please submit an e-mail to the SCOCAL website