Stanford Law School - Robert Crown Law Library

Filed 10/15/03

IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE,
Plaintiff and Respondent,
S023628
v.
JOHN SAPP,
Contra Costa County
Defendant and Appellant.
Super. Ct. No. 33597-6

BY THE COURT:
MODIFICATION OF OPINION

The opinion herein, filed on July 31, 2003, appearing at 31 Cal.4th 240, is
modified as follows:

The parenthetical phrase “(the public defenders in other counties where the
deputy had worked)” appearing in the first sentence of the first full paragraph on
page 254 is deleted.

This modification does not affect the judgment.

---

Opinion Information

Date:	Docket Number:
Wed, 10/15/2003	S023628M

Disposition
Jul 31 2003	Opinion: Affirmed

Dockets
Oct 16 1991	Judgment of death
Nov 4 1991	Filed certified copy of Judgment of Death Rendered   10-16-91.
Jan 19 1995	Counsel appointment order filed   Upon request of appellant for appointment of counsel, Bruce Eric Cohen, Esq., is hereby appointed to represent appellant on his automatic appeal now pending in this court, including any related habeas proceedings.
Jan 19 1995	Compensation awarded counsel
Feb 1 1995	Note:   Received 8 Boxes of Record Prematurely Forwarded by Contra costa County Clerk. Record returned this Date.
Feb 8 1995	Application for Extension of Time filed   By Applt to request correction of Record.
Feb 9 1995	Extension of Time application Granted   To Applt To 4-21-95 To request Corr. of Record.
Apr 21 1995	Application for Extension of Time filed   By Applt to request correction of Record.
Apr 25 1995	Extension of Time application Granted   To Applt To 6-20-95 To request Corr. of Record.
Jun 19 1995	Application for Extension of Time filed   By Applt to request correction of Record.
Jun 20 1995	Extension of Time application Granted   To Applt To 8-21-95 To request Corr. of Record.
Jul 14 1995	Received:   copy of appellant's request for correction, for additional record & to examine sealed documents & transcripts (filed 7-13-95 in superior court) (319 pp.)
Jul 19 1995	Compensation awarded counsel
Nov 15 1996	Record on appeal filed   C-34 (8,596 Pp.) and R-88 (13,567 Pp.); Clerk's Transcript includes 3,472 pages of Juror Questionnaires.
Nov 15 1996	Appellant's opening brief letter sent, due:   12-26-96.
Dec 17 1996	Application for Extension of Time filed   To file Aob.
Dec 18 1996	Extension of Time application Granted   To 2-24-97 To file Aob.
Jan 14 1997	Compensation awarded counsel
Feb 21 1997	Application for Extension of Time filed   By Applt to file AOB
Feb 26 1997	Extension of Time application Granted   To April 25,1997 To file AOB
Apr 30 1997	Application for Extension of Time filed   To file Aob.
May 1 1997	Extension of Time application Granted   To 6-24-97 To file Aob.
Jun 18 1997	Application for Extension of Time filed   To file Aob.
Jun 26 1997	Extension of Time application Granted   To 8-25-97 To file Aob.
Aug 21 1997	Application for Extension of Time filed   To file Aob.
Aug 25 1997	Extension of Time application Granted   To 10-24-97 To file Aob.
Oct 22 1997	Application for Extension of Time filed   By Applt to file AOB
Oct 28 1997	Extension of Time application Granted   To November 24,1997 To file AOB
Nov 20 1997	Application for Extension of Time filed   To file Aob.
Nov 24 1997	Extension of Time application Granted   To 1-23-98 To file Aob.
Jan 16 1998	Application for Extension of Time filed   By Applt to file AOB
Jan 21 1998	Extension of Time application Granted   To March 24,1998 To file AOB
Mar 18 1998	Application for Extension of Time filed   To file Aob.
Mar 20 1998	Extension of Time application Granted   To 4-23-98 To file Aob.
Apr 21 1998	Application for Extension of Time filed   To file Aob.
Apr 28 1998	Extension of Time application Granted   To 5-26-98 To file AOB
May 22 1998	Application for Extension of Time filed   By Applt to file AOB
Jun 2 1998	Extension of Time application Granted   To 7-27-98 To file AOB no further Extensions of time Are Contemplated
Jul 23 1998	Application for Extension of Time filed   To file Aob.
Aug 4 1998	Extension of Time application Granted   To 9-25-98 To file AOB no further Extensions of time will be granted
Sep 24 1998	Application for Extension of Time filed   To file AOB
Sep 24 1998	Extension of Time application Denied   To file AOB
Nov 6 1998	Compensation awarded counsel
Jan 13 1999	Order filed:   Appellant's opening brief shall be filed on or before 2-1-99. If the brief is not filed by that date, the court will consider the issuance of an order directing counsel to show cause before this court, when the matter is ordered on calendar, why counsel for appellant should not be held in contempt of court for the willful neglect of his duty to file the appellant's opening brief.
Feb 10 1999	Filed:   Applt's request for Relief from Default to file Aob.
Feb 10 1999	Filed:   Applic. for permission to file AOB Exceeding 280 Pp. (brief submitted Under Separate Cover.)
Feb 10 1999	Filed:   Confidential Declaration of Atty Bruce Cohen.
Feb 11 1999	Order filed:   The request of Applt for Relief from Default to file The AOB Is Granted. The Applic. for Perm. to file an Overlength brief Is Granted.
Feb 11 1999	Appellant's opening brief filed   (2 Vols. - 599 Pp.)
Feb 19 1999	Compensation awarded counsel
Feb 23 1999	Received:   Replacement pages for Aob.
Feb 24 1999	Filed:   Applt's request for Augmentation of the Record.
Mar 8 1999	Application for Extension of Time filed   To file Resp's brief.
Mar 16 1999	Extension of Time application Granted   To 5-11-99 To file Respondent's brief
Apr 14 1999	Order filed:   Appellant's motion to augment the appellate record, filed 2-24-99, is granted. The Court of Appeal, First Appellate District, Divison Four, is directed to make and forward to this court one copy of each of the following documents in the record of Hallissy v. Superior Court (A039773): 1. The reporter's transcript of the municipal court hearing on 9-30-87, in the case of People v. John Sapp (Contra Costa County Co. No. 33597-6). This transcript is lodged as a separately bound exhibit. 2. The reporter's transcript of the municipal court hearing on 10-21-87, in the case of People v. John Sapp (Contra Costa County Co. No. 33597-6). This transcript is lodged as exhibit G of the Appendix to Petitioner's Traverse. 3. The corrected Return (including supporting memorandum) that appellant Sapp, as real party in interest, filed in the Court of Appeal on 1-5-88. 4. This court's order of 11-12-87, granting review and transferring the matter to the Court of Appeal with directions to issue an alternative writ. 5. Any petition for rehearing that appellant Sapp may have filed.
May 10 1999	Application for Extension of Time filed   To file Resp's brief.
May 12 1999	Extension of Time application Granted   To 7-12-99 To file Resp's brief.
May 21 1999	Motion filed   By Resp to Unseal Reporter' Transcript of in Camera Hearing Re: Substitution of Counsel.
May 27 1999	Filed:   Letter from Applt, dated 5-22-99, Advising Applt has no Objection to Resp's motion to Unseal R.T. of in Camera Hearing Held on 2-3-89.
Jun 23 1999	Order filed:   Respondent's "Request to Unseal Reporter's Transcript of the In-camera Hearing Re: Substitution of Counsel," filed 5-21-99, is granted. The reporter's transcript of the in-camera hearing conducted in this matter on 2-3-89, regarding the substitution of trial counsel for appellant Sapp, is ordered unsealed.
Jul 1 1999	Application for Extension of Time filed   To file Resp's brief.
Jul 2 1999	Extension of Time application Granted   To 9-10-99 To file Respondent's brief
Aug 30 1999	Application for Extension of Time filed   To file Resp's brief
Sep 1 1999	Extension of Time application Granted   To 10/18/99 To file Resp's brief.
Oct 18 1999	Filed:   Appl. for Leave to file Oversized Resp's brief. (Resp's brief submitted Under Separate Cover)
Oct 19 1999	Order filed:   Resp's Appl. for Leave to file Resp's brief in Excess of 280 pages Is Granted.
Oct 19 1999	Respondent's brief filed   (325 Pps.)
Oct 21 1999	Filed:   Resp's request for Judicial Notice.
Oct 29 1999	Filed:   Applt's Objection to State's request for Judicial Notice.
Nov 3 1999	Application for Extension of Time filed   To file reply brief.
Nov 4 1999	Extension of Time application Granted   T0 1/7/2000 to file reply brief.
Dec 27 1999	Application for Extension of Time filed   To file reply brief.
Dec 30 1999	Extension of Time application Granted   To 3/8/2000 To file reply brief.
Mar 2 2000	Application for Extension of Time filed   To file reply brief.
Mar 6 2000	Extension of Time application Granted   To 5/8/2000 To file reply brief.
May 2 2000	Application for Extension of Time filed   To file reply brief.
May 4 2000	Extension of Time application Granted   To 7/7/2000 To file reply brief.
Jul 3 2000	Application for Extension of Time filed   to file reply brief.
Jul 11 2000	Extension of Time application Granted   To 9/5/2000 to file reply brief.
Sep 1 2000	Application for Extension of Time filed   to file reply brief. (6th request)
Sep 8 2000	Extension of Time application Granted   To 11/6/2000 to file reply brief. No further ext. of time are contemplated.
Oct 10 2000	Counsel's status report received (confidential)
Nov 2 2000	Application for Extension of Time filed   To file reply brief. (7th request)
Nov 3 2000	Extension of Time application Granted   To 1/5/2001 to file reply brief. No further ext. of time will be granted.
Jan 2 2001	Application for Extension of Time filed   To file reply brief.
Jan 8 2001	Extension of Time application Denied   To file reply brief.
Jan 22 2001	Counsel's status report received (confidential)
Jan 31 2001	Application for relief from default filed   To file reply brief. (reply brief submitted under separate cover)
Feb 5 2001	Order filed:   Applt's application for relief from default to file applt's reply brief is granted.
Feb 5 2001	Appellant's reply brief filed   (112 pages)
Feb 22 2001	Compensation awarded counsel   Atty Cohen
May 3 2001	Compensation awarded counsel   Atty Cohen
Jun 15 2001	Counsel's status report received (confidential)
Oct 9 2001	Counsel's status report received (confidential)
Oct 12 2001	Counsel's status report received (confidential)
Nov 13 2001	Compensation awarded counsel   Atty Cohen
Feb 13 2002	Counsel's status report received (confidential)
May 10 2002	Counsel's status report received (confidential)
Sep 17 2002	Counsel's status report received (confidential)   from atty Cohen.
Mar 11 2003	Oral argument letter sent   advising counsel that case could be scheduled for oral argument as early as the May calendars, to be held in S.F. the week of May 5 and also the week of May 27, 2003. Any request for additional time to argue, notification of requirement for two counsel, or advisement of "focus issues" due no later than 10 days after the case has been set for oral argument.
Mar 14 2003	Filed:   Request from appellant's counsel that oral argument be scheduled for September calendar.
Mar 17 2003	Filed:   Supplemental declaration of service of request that oral argument be placed on the September calendar.
Mar 19 2003	Letter sent to:   attorney Cohen advising that in light of the fact that the court has granted an extension of time for filing the AOB in the Solomon case, his request that oral argument be placed on the September calendar rather than on the May calendar is denied.
Apr 8 2003	Received letter from:   attorney Cohen (via fax), dated 4-8-2003, advising of his preference that oral argument be placed on the end-of-May calendar.
Apr 9 2003	Case ordered on calendar   5-8-03, 9am, S.F.
Apr 17 2003	Request for judicial notice denied   The Attorney General's request for judicial notice filed on 10-21-99, is denied.
Apr 22 2003	Filed letter from:   Appellant's counsel, dated 4/19/2003, re focus issues for oral argument and requesting 45 minutes for argument.
Apr 22 2003	Order filed   The request of appellant for 45 minutes for oral argument is granted.
Apr 25 2003	Filed letter from:   Respondent's counsel, dated 4/25/2003, re focus issues for oral argument.
May 8 2003	Cause argued and submitted
Jun 23 2003	Filed:   Notice of change in telephone and fax numbers for appellant's counsel Bruce Cohen.
Jul 29 2003	Received letter from:   appellant, dated 7-28-2003, regarding recent decision in People v. Kenneth Ray Neal, S106440.
Jul 31 2003	Opinion filed: Judgment affirmed in full   Majority opinion by Kennard, J. ---------joined by George, C.J., Baxter, Werdegar, Chin, Brown, Moreno, JJ.
Aug 20 2003	Rehearing petition filed   by appellant. (16 pp. - per rule 40k - petition mailed certified mail on 8/15/2003)
Aug 22 2003	Request for modification of opinion filed   by non-party, attorney Jack A. Rauch (by letter dated 8-4-2003).
Aug 26 2003	Time extended to consider modification or rehearing   to 10/29/2003, or the date upon which rehearing is either granted or denied, whichever occurs first.
Oct 15 2003	Rehearing denied   Baxter, J., was recused and did participate.
Oct 15 2003	Opinion modified - no change in judgment
Oct 16 2003	Remittitur issued (AA)
Oct 21 2003	Received:   Acknowledgment of receipt of remittitur.
Oct 29 2003	Order filed (150 day statement)
Jan 13 2004	Received:   Copy of appellant's cert perition (31 pp.)
Jan 20 2004	Received letter from:   U.S.S.C., dated 1/16/2004, advising cert petition filed on 1/16/2004 as No. 03-8427.
Jan 21 2004	Compensation awarded counsel   Atty Cohen
Mar 22 2004	Counsel's status report received (confidential)
Apr 19 2004	Received:   copy of appellant's reply to state's brief in opposition to cert petition. (4 pp.)
May 3 2004	Certiorari denied by U.S. Supreme Court
Aug 23 2004	Counsel's status report received (confidential)
Nov 1 2004	Counsel's status report received (confidential)
Dec 30 2004	Related habeas corpus petition filed (post-judgment)   case no. S130314.
Dec 30 2004	Counsel's status report received (confidential)
Jan 5 2005	Compensation awarded counsel   Atty Cohen
Feb 6 2007	Habeas funds request filed (confidential)   by Sapp.
Jun 13 2007	Order filed re habeas funds request (confidential)   re: request filed on February 6, 2007.

Briefs
Feb 11 1999	Appellant's opening brief filed
Oct 19 1999	Respondent's brief filed
Feb 5 2001	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