Stanford Law School - Robert Crown Law Library

Filed 5/14/08

IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE,
S012943
Plaintiff and Respondent,
Placer
County
v.
Super. Ct. No. 0636
)
DAVID ALLEN RUNDLE
)
)

Defendant and Appellant.

MODIFICATION OF OPINION
THE COURT:
The opinion filed April 3, 2008, and reported at 43 Cal.4th 76, is modified
as follows:
In the first sentence of the second full paragraph on page 167, delete the word
“guilt,” so that the sentence reads: “After the jury’s verdict was rendered later that
day, the trial court conducted another closed session during which the jurors and
alternates were individually questioned concerning whether they had heard any
juror talking about the case outside the jury’s deliberations.”
The third sentence of the second full paragraph on page 172 is deleted and
the following sentence substituted: “The only cases in which we have had
occasion to actually apply the presumption, however, have involved, like the high
court’s cases, concurrent representation of adverse clients by a single attorney.”
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, 05/14/2008	43 Cal.4th 76 original opinion 43 Cal.4th 705a modification	S012943M	Automatic Appeal	closed; remittitur issued	RUNDLE (DAVID) ON H.C. (S130722)

Disposition
Apr 3 2008	Opinion: Affirmed

Dockets
Sep 21 1989	Judgment of death
Nov 20 1989	Filed certified copy of Judgment of Death Rendered   9-21-89.
Jan 11 1990	Application for Extension of Time filed   By Applt's Trial Counsel (Placer Co. Pub. Def.) to request correction of Record.
Jan 12 1990	Extension of Time application Granted   To Applt To 2-9-90 To request Corr. of Record.
Oct 21 1992	Counsel appointment order filed   James F. Johnson, Esq. appointed to represent appellant on his automatic appeal, including any related habeas proceedings.
Dec 8 1992	Application for Extension of Time filed   By Applt to request correction of Record.
Dec 14 1992	Extension of Time application Granted   To Applt To 2-8-93 To request Corr. of Record.
Dec 14 1992	Received:   Suppl Cert. of Service of motion for Ext. of Time.
Feb 8 1993	Application for Extension of Time filed   By Applt to request correction of Record.
Feb 10 1993	Extension of Time application Granted   To Applt To 4-9-93 To request Corr. of Record.
Apr 8 1993	Application for Extension of Time filed   By Applt to request correction of Record.
Apr 9 1993	Extension of Time application Granted   To Applt To 5-19-93 To request Corr. of Record.
May 19 1993	Application for Extension of Time filed   By Applt to request correction of Record.
May 21 1993	Extension of Time application Granted   To Applt To 6-18-93 To request Corr. of Record.
Jun 18 1993	Application for Extension of Time filed   By Applt to request correction of Record.
Jun 23 1993	Extension of Time application Granted   To Applt To 7-19-93 To request Corr. of Record. no further Extensions of time Are Contemplated.
Jul 19 1993	Application for Extension of Time filed   By Applt to request correction of Record.
Jul 21 1993	Extension of Time application Granted   To Applt To 7-22-93 To request Corr. of Record.
Jul 28 1993	Received:   Copy of Applt's motion to Augment, correct, Examine Sealed Transcripts & to Settle Record (25 Pp.)
Aug 10 1993	Compensation awarded counsel
Aug 30 1993	Filed:   Applt's request for Relief from Default (to file Record correction motion in Superior Court)
Aug 31 1993	Order filed:   Granting Applt's request for Relief from Default to file A motion for correction of Record. the Clerk of the Placer Co. Superior Court Is directed To file Applt's "motion To Augment, correct, Examine Sealed Transcript and To Settle Record in Automatic Appeal," received in that Office on 7-28-93.
Nov 17 1993	Compensation awarded counsel
Oct 13 1994	Compensation awarded counsel
Jan 4 1995	Compensation awarded counsel
Mar 13 1995	Filed:   Notice of change of Atty James Johnson's Telephone Number.
May 2 1995	Change of Address filed for:   Resp Atty General's Sacramento Office.
Jan 14 1997	Compensation awarded counsel
Jan 23 1997	Record on appeal filed   C-25 (6,928 Pp.) and R-38 (10,118 Pp.) (Includes Material Under Seal.); Clerk's Transcript includes 4,756 pages of Juror Questionnaires.
Jan 23 1997	Appellant's opening brief letter sent, due:   3-4-97.
Mar 5 1997	Application for Extension of Time filed   To file Aob.
Mar 7 1997	Extension of Time application Granted   To 5-5-97 To file Aob.
May 14 1997	Compensation awarded counsel
May 20 1997	Application for Extension of Time filed   To file Aob.
May 21 1997	Extension of Time application Granted   To 7-7-97 To file Aob. Any Future request for an Extension of time Shall be Served & filed before the Due Date.
Jul 8 1997	Application for Extension of Time filed   To file Aob.
Jul 18 1997	Extension of Time application Denied   To file Aob. Applt May file A Suppl Applic. with A Showing of Good Cause (See Cal. Rules of Court, Rule 43), and A Declaration Detailing the Progress Made to Date on the brief.
Aug 14 1997	Application for Extension of Time filed   To file Aob.
Sep 3 1997	Order appointing State Public Defender filed   Good cause not appearing, the application of appointed counsel James F. Johnson for an extension of time to file the AOB is denied. Johnson has been in default since 7-18-97, for failure to timely file an extension of time request with a declaration detailing case progress to date on the AOB. In view of the statements of Mr. Johnson contained in the motion for an extension of time to file the opening brief, filed on 8-14-97, declaring that he "has not been able to do any work on the present case since 3-17-97," that "[n]o facts statement has been written and no issues have been researched or briefed," and that he intends to file "a [m]otion to [w]ithdraw as counsel" from this case, the order appointing James F. Johnson as counsel of record for appellant David Allen Rundle, filed on 10-21-92, is hereby vacated. On the court's own motion, the Office of the State Public Defender is hereby appointed to represent appellant in his automatic appeal now pending in this court, including any related habeas corpus proceedings. Mr. Johnson is ordered to transmit forthwith all case files, transcripts and any other case-related materials to Mr. Emry Allen, Acting Chief Attorney, Office of the State Public Defender, 801 K St., Suite 1100, Sacramento, CA 95814. The Clerk/Administrator of the Supreme Court is directed to notify the State Bar of this action by forwarding to the State Bar a copy of this order removing counsel for his failure to perform work on the AOB with reasonable diligence since at least 3-17-97, and for his failure to show good cause for such lack of reasonable diligence. (See "Payment Guidelines for Appointed Counsel Representing Indigent Criminal Appellants in the California Supreme Court," Guideline V(A), adopted effective 7-30-97 ["Nonperformance of Counsel"].) Kennard, J., joins the court in denying counsel's motion for an extension of time. She does not, however, join the court in the other provisions of the court's order; she would have deferred action on this matter until receipt and review of the "Motion to Withdraw" that counsel indicated he would file with the court by 9-5-97.
Oct 14 1997	Received letter from:   Office of the State public Defender
Nov 26 1997	Motion filed   By Atty James F. Johnson for (1) recall of Referral to State Bar; (2) Vacate/Modify Order issued on 9-3-97; and (3) Payment in Full of Earned Fees.
Jan 28 1998	Order filed:   The motion filed on November 26, 1997, to (1) recall referral to State Bar, (2) vacate or modify order removing counsel and (3) pay further hourly compensation, is denied.
Mar 1 1999	Letter sent to:   Counsel Advising that AOB Is Due 4-30-99.
Apr 26 1999	Application for Extension of Time filed   To file Aob.
Apr 29 1999	Extension of Time application Granted   To 6-29-99 To file AOB
Jun 29 1999	Application for Extension of Time filed   To file Aob.
Jul 6 1999	Extension of Time application Granted   To 8-30-99 To file AOB
Aug 30 1999	Application for Extension of Time filed   To file Aob.
Sep 8 1999	Extension of Time application Granted   To 10/29/99 To file Aob.
Oct 29 1999	Application for Extension of Time filed   To file Aob.
Nov 4 1999	Extension of Time application Granted   To 12/28/99 To file Aob. in View of the Circumstance that the State Pub. Defender Was Appt as Replacement Counsel in this Matter More Than Two Years Ago, the Court Anticipates that Record Review will be Completed in the Matter within the Next Four Months, and that AOB will be filed Within Six Months Thereafter.
Dec 15 1999	Application for Extension of Time filed   To file Aob.
Dec 30 1999	Extension of Time application Granted   to 2/28/2000 to file AOB. In view of the circumstance that the State Public Defender was appointed as replacement counsel in this matter more than two years ago, the court anticipates that record review will be completed in this matter within the next two months and AOB filed within six months thereafter.
Feb 28 2000	Application for Extension of Time filed   To file Aob.
Mar 2 2000	Extension of Time application Granted   Based Upon Deputy State Pd Therene Powell's representation that She Plans to Complete Her Review of the Record and file A Supplemental Motion to correct, Augment and Settle the Record in the Superior Court on or before 4/28/00, Applt's request for an Extension of time to file The AOB Is granted to and Including 4/28/2000.
Apr 28 2000	Application for Extension of Time filed   To file Aob.
May 4 2000	Motion filed   Applt's Second Suppl motion to correct, Clarify, Augment and Settle the Record on Appeal
May 10 2000	Filed:   Suppl Declaration in support of request for Eot to file Aob.
May 16 2000	Extension of Time application Granted   To 6/27/2000 To file Aob.
Jun 27 2000	Application for Extension of Time filed   To file Aob.
Jul 3 2000	Extension of Time application Granted   To 8/28/2000 to file AOB.
Aug 23 2000	Application for Extension of Time filed   to file AOB. (9th request)
Aug 31 2000	Extension of Time application Granted   To 10/27/2000 to file AOB.
Oct 25 2000	Application for Extension of Time filed   To file AOB. (10th request)
Oct 26 2000	Counsel's status report received (confidential)
Oct 31 2000	Extension of Time application Granted   To 12/26/2000 to file AOB.
Nov 9 2000	Filed:   resp's response to applt's second supplemental motion to correct, clarify, augment and settle the record.
Nov 20 2000	Filed:   Applt's reply to resp's response to second suppl. mtn to correct, clarify, augment and settle the record on appeal
Dec 20 2000	Filed:   Applt's addendum to second supplemental motion to correct, clarify, augment and settle the record on appeal
Dec 20 2000	Application for Extension of Time filed   To file AOB. (11th request)
Dec 20 2000	Counsel's status report received (confidential)   from State P.D.
Jan 2 2001	Extension of Time application Granted   To 2/26/2001 to file AOB.
Jan 22 2001	Filed:   Resp's response to applt's addendum to second supplemental mtn. to correct, clarify, augment and settle the record on appeal.
Jan 24 2001	Filed:   Applt's reply to response to addendum to second supplemental mtn. to correct, clarify, augment and settle the record on appeal.
Feb 15 2001	Application for Extension of Time filed   To file AOB. (12 request)
Feb 15 2001	Counsel's status report received (confidential)
Feb 21 2001	Order filed:   Appellant's "Second Supplemental Motion to Correct, Clarify, Augment and Settle the Record on Appeal," filed on May 4, 2000, and amended on December 20, 2000 (hereafter collectively referred to as "appellant's motion"), is GRANTED IN PART AND DENIED IN PART. In the following respects, appellant's motion is GRANTED: A. The Placer County Superior Court is directed to conduct a hearing to address the completeness and accuracy of the certified record in this case, consistently with section 190.8, subdivision (c), of the Penal Code, and, to the extent possible, consistently with Rules 39.54 and 39.55 of the California Rules of Court. The hearing shall focus upon the proposed corrections to the Reporter's Transcript, listed in sections IIIA3 and IIIB2 of appellant's motion (pages 7-11, 13-17). If, after hearing the matter, the Placer County Superior Court determines that any ambiguity not falling within the purview of section 190.8, subdivision (c), cannot be resolved, that court is directed to issue an order directing the parties, within 60 days of the date of that court's order, to settle the record with regard to any such remaining ambiguity. B. The Placer County Superior Court is directed to conduct a hearing to address the completeness and accuracy of the record as to the proposed corrections listed in section IV of appellant's motion (pages 17-19), and, to the extent possible, consistently with those procedures set forth in Rules 39.54 and 39.55 of the California Rules of Court, to ascertain which of the trial court's orders -- the order of March 26, 1990, or the order of September 29, 1993 -- should control as to those requested corrections. C. The Placer County Superior Court is directed to order the clerk to compile, and to provide to counsel for all parties, a supplemental Clerk's Transcript on appeal, comprising any or all of those documents listed below, to the extent such documents are or have been located within the court's file in this matter. (Any document that is sealed and that properly should remain sealed (see rule 39.51(b) of the California Rules of Court), shall be included in a separate sealed supplemental Clerk's Transcript.) 1. A copy of the contents of the sealed envelope labeled "Juror Excuses," located in the Superior Court file. 2. A copy of the contents of the sealed envelope labeled "Ex Parte Order," located in the Superior Court file. 3. Copies of all pleadings filed in connection with appellant's petition for writ of prohibition and mandate, David Allen Rundle v. Superior Court, Placer County (People), Third District Court of Appeal, 3 Crim. C004582. 4. A copy of the petition for review filed in this Court, No. S006209, following the denial of the above-referenced petition for writ of prohibition and mandate by the Court of Appeal. 5. A copy of the notice of motion for order compelling appellant to submit blood and saliva samples, filed on or about February 8, 1987. (Placer County Municipal Court, case No. 3678-86.) 6. The Reporter's Transcript for proceedings conducted on November 16, 1987, in Department 1, before the Honorable James D. Garbolino, and in Department 4, before the Hon. Richard Gilbert, relating, at least in part, to the appointment of Laurance Smith as Keenan counsel for appellant. (See Keenan v. Superior Court (1982) 31 Cal.3d 424.) 7. Copies of the orders entitled "Order for Remand, Release from Custody, or Bail," dated as follows: March 31, 1987; April 27, 1987; August 10, 1987; October 13, 1987; January 11, 1988; March 7, 1988; April 12, 14, and 29, 1988; May 5 and 12, 1988; September 13, 1988; October 3, 6, 12, 1988; November 21, 1988; November 21, 1988; December 6, 13, 14, and 15, 1988; January 3, 4, 5, 6, 10, 11, 12, 18, 19, 20, 24, 25, 27, and 31, 1989; February 1, 2, 3, 7, 8, 24, 25, and 28, 1989; March 1, 2, 3, 6, 7, 8, 9, 14, 15, 16, 17, 22, 23, 24, 28, 29, and 31, 1989; April 3, 4, 5, 6, 11, 12, 13, 25, 26, and 27, 1989; May 3, 4, 9, 10, 15, 16, 17, 18, 19, 23, 24, 25, 30, and 31, 1989; June 1, 6, 7, 13, 14, 15, and 21, 1989; July 5, 1989; and September 19 and 21, 1989. 8. A copy of the letter from David W. Humphreys to James F. Johnson, dated May 26, 1995, on the letterhead of the Nevada County Public Defender. D. The Placer County Superior Court is directed to locate the sealed copies of documents filed confidentially under Penal Code sections 987.2 and 987.9, include them in a supplemental Clerk's Transcript, and transmit them under seal to appellant and this court only. E. The Placer County Superior Court is directed to conduct a hearing to address appellant's request for copies of People's Pretrial Motion Exhibits 1, 2, 19, 21, and 22, and People's Trial Exhibits 48 and 49, Defendant's Pretrial Motion Exhibits A and B, and Court's Exhibits 30 and 31. F. The Placer County Superior Court is ordered to direct the parties and the court reporters to convene in an effort to settle the record with regard to the 31 unreported matters cited at pages 24-26 of appellant's motion. G. The Placer County Superior Court is directed to determine whether the transcripts described in and appended to defendant's "Addendum to Second Supplemental Motion to Correct, Clarify, Augment and Settle the Record on Appeal," filed in this court on December 20, 2000, were "filed or lodged in the . . . superior court files in the case." (Cal. Rules of Court, rule 39.51(a)(1).) If that court determines that these transcripts were so filed or lodged, that court is directed then to cause them to become part of the Clerk's Transcript in a supplemental volume. If that court determines that the transcripts were not so filed or lodged, that court is directed to determine whether they were "exhibit[s] admitted in evidence or rejected" in the case. (Id., rule 33(a)(3).) If that court determines that the transcripts were not such exhibits, it is directed to determine whether they are identical to the transcripts found at Supp. CT 4697-4713, 4747-4754. If that court finds that the transcripts are not identical to those already contained in that supplemental Clerk's Transcript on appeal, that court is directed to determine whether the transcripts were presented to the court and/or the jury in the case, and, if so, that court is directed to cause the record on appeal to be augmented to include them in a supplemental volume as part of the Clerk's Transcript. H. Except as specifically noted above, appellant's motion is DENIED.
Feb 26 2001	Extension of Time application Granted   To 4/27/2001 to file AOB.
Apr 24 2001	Counsel's status report received (confidential)   from State P.D.
Apr 24 2001	Application for Extension of Time filed   To file AOB. (13th request)
May 14 2001	Extension of Time application Granted   To 6/26/2001 to file AOB.
Jun 22 2001	Application for Extension of Time filed   to file AOB. (14th request)
Jun 25 2001	Counsel's status report received (confidential)   from State P.D.
Jul 11 2001	Extension of Time application Granted   To 8/27/2001 to file AOB.
Aug 22 2001	Application for Extension of Time filed   To file AOB. (15th request)
Aug 22 2001	Counsel's status report received (confidential)   from State P.D.
Aug 29 2001	Extension of Time application Granted   To 10/26/2001 to file AOB.
Sep 18 2001	Counsel's status report received (confidential)
Oct 25 2001	Application for Extension of Time filed   To file AOB. (16th request)
Oct 25 2001	Counsel's status report received (confidential)
Oct 31 2001	Extension of Time application Granted   To 12/26/2001 to file AOB.
Dec 21 2001	Request for extension of time filed   To file AOB. (17th request)
Dec 21 2001	Counsel's status report received (confidential)   from State P.D.
Jan 2 2002	Extension of time granted   To 2/25/2002 to file AOB. Sr. Dep. State PD Anton anticipates filing the brief by the last full week of 5/2002. Only two further extensions totaling 96 additional days are contemplated.
Feb 20 2002	Request for extension of time filed   To file AOB. (18th request)
Feb 20 2002	Counsel's status report received (confidential)   from State P.D.
Mar 1 2002	Extension of time granted   To 4/26/2002 to file AOB. The court anticipates that after that date, only one further extension totaling 36 additonal days will be granted. Counsel is ordered to take all steps necessary to meet this schedule.
Apr 23 2002	Request for extension of time filed   To file AOB. (19th request)
Apr 23 2002	Counsel's status report received (confidential)   from State P.D.
Apr 30 2002	Extension of time granted   To 6/25/2002 to file AOB. Sr. Dep. State Public Defender Anton anticipates filing the brief by 6/25/2002. No further extension is contemplated.
Jun 21 2002	Counsel's status report received (confidential)
Jun 21 2002	Request for extension of time filed   To file AOB. (20th request)
Jun 24 2002	Letter sent to:   Hon. James D. Garbolino, Presiding Judge of Placer County Superior Court, requesting response within seven days regarding the status of proceedings regarding completeness and accuracy of the record, ordered by this court on 2-21-2001.
Jun 26 2002	Extension of time granted   To 8/26/2002 to file AOB, in light of the proceedings for preparing the record on appeal in the Superior Court of Placer County.
Aug 22 2002	Request for extension of time filed   to file AOB. (21st request)
Aug 23 2002	Counsel's status report received (confidential)
Aug 26 2002	Extension of time granted   Good cause appearing, and in light of the proceedings for preparing the record on appeal presently pending in the Superior Court of Placer County, Senior Deputy State Public Defender Denise Anton's request for an extension of time in which to file AOB is granted to 10-25-2002.
Sep 6 2002	Filed:   additional record: clerk's 4th supplemental, 2 vols. (515 pp.); and one vol. sealed (335 pp.)
Sep 19 2002	Received letter from:   respondent, dated 9-16-2002, advising case has been reassigned to Deputy A.G. Michael P. Farrell.
Oct 3 2002	Received letter from:   applt, dated 10-1-2002, regarding 4th supplemental clerk's transcript.
Oct 22 2002	Counsel's status report received (confidential)
Oct 22 2002	Request for extension of time filed   To file appellant's opening brief. (22nd request)
Oct 29 2002	Extension of time granted   Good cause appearing, and in light of the proceedings for preparing the record on appeal presently pending in the Superior Court of Placer County, Senior Deputy State Pubilc Defender Denise Anton's request for an extension of time in which to file appellant's opening brief is granted to 12/24/2002. After that date, no further extension is contemplated.
Dec 23 2002	Motion to augment AA record filed   Appellant's motion.
Dec 23 2002	Application to file over-length brief filed   to file appellant's brief. (560 pp. brief submitted under separat cover)
Dec 31 2002	Order filed   Appellant's application for leave to file opening brief longer than 280 pages is granted.
Dec 31 2002	Appellant's opening brief filed   (560 pp.)
Jan 7 2003	Counsel's status report received (confidential)
Jan 15 2003	Filed:   certified copy of "Declaration of Appeals Clerk," pages 516-518, filed in the Placer County Superior Court on September 4, 2002.
Jan 15 2003	Filed:   certified copy of "Interview by Sacramento Police Detectives Placer County Jail, November 21, 1986, 10:30 pm," pages 1-8.
Jan 15 2003	Record augmentation granted   Appellant's "Motion to Augment Record on Appeal," filed on December 23, 2002, is granted. The clerk is directed to file, as part of the record on appeal herein, and to provide appellant and respondent with copies of the following documents: (1) "Interview by Sacramento Police Detectives Placer County Jail, November 21, 1986, 10:30 pm," pages 1-8; and (2) "Declaration of Appeals Clerk," pages 516-518, filed in the Placer County Superior Court on September 4, 2002.
Jan 17 2003	Request for extension of time filed   to file respondent's brief. (1st request)
Jan 21 2003	Extension of time granted   to 3/3/2003 to file respondent's brief.
Jan 24 2003	Filed:   Notice of service of service, on appellant, of appellant's opening brief, appellant's motion to augment the record, and appellan'ts application to file oversize brief.
Feb 13 2003	Counsel's status report received (confidential)   (supplemental)
Feb 14 2003	Request for extension of time filed   to file respondent's brief. (2nd request)
Feb 20 2003	Extension of time granted   to 5-2-2003 to file resp's brief. After that date, only two further extensions totaling about 90 additional days are contemplated. Extension granted based upon Deputy AG Farrell's representation that he anticipates filing the brief by 7-31-2003.
Apr 1 2003	Counsel's status report received (confidential)
Apr 14 2003	Counsel's status report received (confidential)   from State P.D.
Apr 17 2003	Request for extension of time filed   to file respondent's brief. (3rd request)
Apr 24 2003	Extension of time granted   to 7/1/2003 to file respondent's brief. After that date, only one further extension totaling 30 additional days is contemplated. Extension is granted based upon Deputy Attorney General Michael P. Farrell's representation that he anticipates filing that brief by 7/31/2003.
Jun 13 2003	Counsel's status report received (confidential)   from State P.D.
Jun 23 2003	Request for extension of time filed   to file respondent's brief. (4th request)
Jun 25 2003	Extension of time granted   to 9/2/2003 to file respondent's brief. After that date, only one further extension totaling about 60 additional days will be granted. Extension is granted based upon Deputy Attorney General Michael P. Farrell's representation that he anticipates filing that brief by 10/31/2003.
Aug 12 2003	Counsel's status report received (confidential)   from State P.D.
Aug 27 2003	Request for extension of time filed   to file respondent's brief. (5th request)
Sep 3 2003	Extension of time granted   to 10/31/2003 to file respondent's brief. Extension is granted based upon Deputy Attorney General Michael Farrell's representation that he anticipates filing that brief by 10/31/2003. After that date, no further extension will be granted.
Oct 9 2003	Counsel's status report received (confidential)   from State P.D.
Oct 23 2003	Motion filed (in AA proceeding)   respondent's "Application for Order Directing Superior Court to Unseal Transcripts."
Oct 30 2003	Application to file over-length brief filed   (290 pp. respondent's brief submitted under separate cover)
Nov 3 2003	Order filed   Respondent's application to file respondent's brief in excess of 280 pages is granted.
Nov 3 2003	Respondent's brief filed   (290 pp.)
Nov 3 2003	Filed:   Table of Contents and Table of Authorites for respondent's brief.
Nov 6 2003	Note:   received voicemail message from Deputy State Public Defender Anton advising that no opposition will be filed to respondent's application filed on 10-23-2003.
Nov 18 2003	Request for extension of time filed   to file appellant's reply brief. (1st request)
Nov 19 2003	Record ordered unsealed   Respondent's "Application for Order Directing Superior Court to Unseal Transcripts," incorporating an application directly to this court to unseal transcripts, is granted. The Clerk is directed to unseal pages 8330-8338, 8345-8358, 8445-8461, 8488-8494, 9586-9620, and 9629-9642 of the reporter's transcript herein, and to provide copies of those pages to appellant and respondent.
Nov 26 2003	Extension of time granted   to 1/23/2004 to file appellant's reply brief. After that date, only three further extensions totaling 150 additiondl days will be granted. Extension is granted based upon Senior Deputy State Public Defender Denise Anton's representation that she anticipates filing that brief by 6/30/2004.
Jan 26 2004	Request for extension of time filed   to file reply brief. (2nd request)
Jan 27 2004	Counsel's status report received (confidential)
Jan 28 2004	Extension of time granted   to March 23, 2004 to file appellant's reply brief. After that date, only two further extensions totaling 90 additional days will be granted. Extension is granted based upon Deputy State Public Defender Denise Anton's representation that she anticipates filing that brief by June 30, 2004.
Feb 9 2004	Counsel's status report received (confidential)
Mar 16 2004	Request for extension of time filed   to file appellant's reply brief. (3rd request)
Mar 19 2004	Extension of time granted   to 5/21/2004 to file appellant's opening brief. After that date, only one further extension totaling about 40 additional days will be granted. Extension is granted based upon Senior Deputy State Public Defender Denise Anton's representation that she anticipates filing that brief by 6/30/2004.
Apr 6 2004	Counsel's status report received (confidential)
May 27 2004	Request for extension of time filed   to file appellant's reply brief. (4th request)
May 28 2004	Extension of time granted   to 7-21-2004 to file reply brief. After that date, no further extension will be granted. Extension granted based upon Senior Deputy SPD Denise Anton's representation that she anticipates filing the brief by 7-21-2004.
Jun 8 2004	Counsel's status report received (confidential)   from State P.D.
Jul 21 2004	Appellant's reply brief filed   (9,358 words - 45 pp.)
Jul 29 2004	Received:   letter from Deputy SPD Evan Young, dated 7-27-2004, advising that she personally served Rundle with reply brief on 7-27-2004.
Aug 6 2004	Counsel's status report received (confidential)   from State P.D.
Oct 5 2004	Counsel's status report received (confidential)   from State P.D.
Dec 3 2004	Counsel's status report received (confidential)
Jan 14 2005	Related habeas corpus petition filed (concurrent)   No. S130722
Dec 21 2006	Exhibit(s) lodged   People's: 48 and 49 (audio cassette tapes).
Oct 26 2007	Oral argument letter sent   advising counsel that the court could schedule this case for argument as early as the January 2008 calendar, to be held the week of January 7, 2008, in San Francisco. The advisement of "focus issues," notification that two counsel are required, and any request for oral argument time in excess of 30 minutes must be submitted to the court within 10 days of the order setting the case for argument.
Dec 4 2007	Case ordered on calendar   Wednesday, January 9, 2008, at 1:30 p.m., in San Francisco
Dec 13 2007	Filed:   appellant's focus issue letter, dated December 13, 2007.
Dec 13 2007	Received:   appearance sheet from Deputy SPD Denise Anton, indicating 45 minutes for oral argument for appellant.
Dec 17 2007	Filed:   declaration of service for focus letter sent to appellant by State P.D.
Dec 28 2007	Filed:   letter dated December 28, 2007 from appellant for oral argument citing authorities published since reply brief was filed.
Jan 9 2008	Cause argued and submitted
Apr 2 2008	Notice of forthcoming opinion posted
Apr 3 2008	Opinion filed: Judgment affirmed in full   opinion by George, C.J. -----joined by Kennard, Baxter, Werdegar, Chin, Moreno, Corrigan, JJ
Apr 18 2008	Rehearing petition filed   by appellant. (1,858 words; 8 pp.)
Apr 22 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 July 2, 2008, or the date upon which rehearing is either granted or denied, whichever occurs first.
May 14 2008	Rehearing denied   The opinion is modified on the court's own motion. The petition for rehearing is denied.
May 14 2008	Opinion modified - no change in judgment
May 14 2008	Remittitur issued (AA)
May 20 2008	Received:   receipt for remittitur acknowledged by superior court.
May 27 2008	Exhibit(s) returned   to Superior Court. People's exhibits no. 48 and 49.
May 30 2008	Received:   acknowledgment of receipt of exhibits from Placer County Superior Court.
Jul 7 2008	Received:   from appellant, copy of motion for leave to file petition for writ of certiorari in forma pauperis without affidavit of indigency. ((25 pp. excluding appendices)
Jul 11 2008	Received:   Letter from U.S.S.C. dated July 8, 2008, advising petition for writ of certiorari was filed on July 3, 2008, No. 08-5152.
Oct 27 2008	Received:   copy of "Reply to Respondent's Brief in Opposition to Petition for Writ of Certiorari"
Nov 5 2008	Received:   copy of respondent's brief in opposition to petition for writ of certiorari.
Nov 10 2008	Certiorari denied by U.S. Supreme Court

Briefs
Dec 31 2002	Appellant's opening brief filed
Nov 3 2003	Respondent's brief filed
Jul 21 2004	Appellant's reply brief filed

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