People v. Seaton (2001)26 Cal.4th 1060b , -- Cal.Rptr.2d --; -- P.3d --
[Modification of opinion (26 Cal.4th 598) with no change in judgment.]
THE PEOPLE, Plaintiff and Respondent, v. RONALD HAROLD SEATON, Defendant and Appellant.
THE COURT.-
The opinion herein, filed on August 9, 2001, appearing at 26 Cal.4th 598, is modified as follows:
The second sentence of the last paragraph at the bottom of page 654 is revised to read:
Defendant testified that he was not drunk when he went to Jones's house.
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, 09/26/2001 | 26 Cal.4th 1060 | S011425 | Automatic Appeal | closed; remittitur issued | SEATON (RONALD) ON H.C. (S067491) |
Parties
| 1 | The People (Respondent) Represented by Attorney General - San Diego Office Adrianne Denault, deputy P.O. Box 85266 San Diego, CA |
| 2 | Seaton, Ronald Harold (Appellant) |
| Disposition | |
| Aug 9 2001 | Opinion: Affirmed |
| Dockets | |
| Jun 16 1989 | Judgment of death |
| Aug 7 1989 | Filed certified copy of Judgment of Death Rendered 6-16-89. |
| Sep 11 1989 | Application for Extension of Time filed By Court Reporters to Complete R.T. |
| Sep 13 1989 | Extension of Time application Granted To Court Reporters To 10-20-89 To Complete R.T. |
| Oct 26 1989 | Application for Extension of Time filed By County Clerk to Complete C.T., & Applic. for Relief from Default. |
| Nov 6 1989 | Order filed: Applic. of Riverside Co. Clerk for Relief from Default Is Granted. Clerk granted to 12-22-89 to Complete C.T. |
| Dec 27 1990 | Counsel appointment order filed James T. Fousekis, Esq. |
| Feb 21 1991 | Application for Extension of Time filed By Applt to request correction of Record. |
| Feb 22 1991 | Extension of Time application Granted To Applt To 4-29-91 To request Corr. of Record. |
| Apr 24 1991 | Application for Extension of Time filed By Applt to request correction of Record. |
| Apr 29 1991 | Extension of Time application Granted To Applt To 6-14-91 To request Corr. of Record. |
| Jun 17 1991 | Received: Copy of Applt's request for correction Etc., filed in Superior Court on 6-14-91. |
| Nov 26 1991 | Compensation awarded counsel |
| Jun 10 1992 | Compensation awarded counsel |
| Jun 30 1992 | Compensation awarded counsel |
| Sep 2 1992 | Compensation awarded counsel |
| Oct 1 1992 | Compensation awarded counsel |
| Nov 9 1992 | Compensation awarded counsel |
| Dec 16 1992 | Compensation awarded counsel |
| Mar 10 1993 | Compensation awarded counsel |
| Jul 21 1993 | Compensation awarded counsel |
| Aug 31 1993 | Filed: Applt's Applic. for Approval of Assoc. of Second Counsel (Dorothy A. Streutker, Esq.) |
| Sep 3 1993 | Filed: Proof of Service (on Atty General) of Applic. for Approval of Assoc. of Second Counsel. |
| Sep 10 1993 | Order filed: Appellant's "Application for Approval of Association of Second Counsel" is granted. Dorothy A. Streutker, Esq., is hereby appointed as associate counsel to represent appellant on his automatic appeal now pending in this court, including any related habeas proceedings. |
| Oct 18 1993 | Habeas funds request filed (confidential) |
| Oct 18 1993 | Change of Address filed for: Assoc. Counsel Dorothy A. Streutker. |
| Jan 20 1994 | Order filed re Habeas Funds Request re: request filed on 10-18-93. |
| Jul 28 1994 | Record on appeal filed C-17 (5,391 Pp.) and R-49 (6,462 Pp.); Clerk's Transcript includes 3,566 pages of Juror Questionnaires. |
| Jul 28 1994 | Appellant's opening brief letter sent, due: 9-6-94. |
| Aug 12 1994 | Application for Extension of Time filed To file Aob. |
| Aug 16 1994 | Extension of Time application Granted To 11-7-94 To file Aob. |
| Oct 18 1994 | Application for Extension of Time filed To file Aob. |
| Oct 18 1994 | Filed: Applt's Applic. for Order Decertifying Record Etc. (23 Pp.) |
| Oct 19 1994 | Compensation awarded counsel |
| Oct 20 1994 | Extension of Time application Granted To 1-6-95 To file Aob. |
| Oct 31 1994 | Opposition filed To Applt's Applic. To Decertify Record (14 Pp.) |
| Nov 9 1994 | Filed: Applt's Memo of Pts & Auths in support of Applic. for Order Decertifying Record Etc. (9 Pp.) |
| Nov 22 1994 | Order filed: Granting in Part, Applt's Applic. for Order Decertifying the Record Etc., filed 10-18-94. the Record on Appeal Is Augmented to Include Paragraphs 1, 2, & 3 of the "Declaration of Stuart Sachs Re Missing Jury Instructions and Unreported Proceedings Concerning Jury Instructions" and the Exhibits to that Declaration. (Clerk's Supp. Transcript, Vol. 3, Pp. 773-783.) in all other Respects, the Application Is denied. |
| Nov 23 1994 | Application for Extension of Time filed To file Aob. |
| Nov 29 1994 | Extension of Time application Granted To 2-6-95 To file Aob. |
| Jan 18 1995 | Application for Extension of Time filed To file Aob. |
| Jan 26 1995 | Extension of Time application Granted To 3-17-95 To file Aob. |
| Mar 7 1995 | Application for Extension of Time filed To file Aob. |
| Mar 10 1995 | Extension of Time application Granted To 4-17-95 To file Aob. |
| Apr 5 1995 | Application for Extension of Time filed To file Aob. |
| Apr 7 1995 | Extension of Time application Granted To 5-17-95 To file Aob. |
| May 9 1995 | Application for Extension of Time filed To file Aob. |
| May 10 1995 | Extension of Time application Granted To 7-10-95 To file Aob. no further Extensions of time Are Contemplated. |
| Jun 23 1995 | Application for Extension of Time filed To file Aob. |
| Jun 28 1995 | Extension of Time application Granted To 9-5-95 To file Aob. no further Extensions of time will be Granted. |
| Aug 28 1995 | Application for Extension of Time filed To file AOB (Note: Was received 8-25-95, without Proof of Service) |
| Sep 11 1995 | Filed: Applt's Applic. to file Oversized (Opening) brief. (brief submitted Under Separate Cover). |
| Sep 14 1995 | Order filed: Granting Applic. of Applt to file Oversized Opening brief. |
| Sep 14 1995 | Appellant's opening brief filed (547 Pp.) |
| Sep 14 1995 | Filed: Applt's request for Judicial Notice (2 Vols.) |
| Sep 20 1995 | Received: Amended Table of Authorities to Aob. |
| Sep 26 1995 | Opposition filed To Applt's request for Judicial Notice & motion To strike AOB (20 Pp.) |
| Oct 11 1995 | Filed: Applt's response to Oppos. to Appt's request for Judicial Notice & Applt's Oppos. to Resp's motion to strike Aob. |
| Oct 31 1995 | Application for Extension of Time filed To file Resp's brief. |
| Nov 3 1995 | Order filed: Resp granted to 30 Days from the Date of the Order on Resp's motion to strike Aob, to Serve & file Resp's brief. |
| Dec 13 1995 | Order filed: Consideration of & Ruling Upon Applt's "request for Judicial Notice in support of Applt's Opening brief" Is Deferred Until the Automatic Appeal Is Considered on its merits. Resp's "motion to strike Applt's Opening brief" Is denied. |
| Dec 29 1995 | Received letter from: Resp, dated 12-27-95, Advising case has been Reassigned to Deputy A.G. Eugenia Lopez. |
| Jan 12 1996 | Application for Extension of Time filed To file Resp's brief. |
| Jan 12 1996 | Extension of Time application Granted To 3-12-96 To file Resp's brief. |
| Jan 30 1996 | Compensation awarded counsel |
| Mar 15 1996 | Application for Extension of Time filed To file Respondent's brief |
| Mar 19 1996 | Extension of Time application Granted To May 13,1996 To file Respondent's brief |
| May 8 1996 | Application for Extension of Time filed To file Resp's brief. |
| May 13 1996 | Filed: Resp's Amendment to Applic. for Ext. of Time. |
| May 14 1996 | Extension of Time application Granted To 7-12-96 To file Resp's brief. |
| Jul 12 1996 | Application for Extension of Time filed To file Resp's brief. |
| Jul 15 1996 | Extension of Time application Granted To 8-26-96 To file Resp's brief. |
| Aug 7 1996 | Filed: Resp's Applic. for Leave to file brief over page Limit. |
| Aug 12 1996 | Order filed: Granting Resp's Applic. for Leave to file an Oversized Resp's brief. |
| Aug 19 1996 | Habeas funds request filed (confidential) Second Request. |
| Aug 22 1996 | Application for Extension of Time filed To file Resp's brief. |
| Aug 27 1996 | Extension of Time application Granted To 9-6-96 To file Resp's brief. |
| Sep 5 1996 | Respondent's brief filed (329 Pp.) |
| Sep 16 1996 | Application for Extension of Time filed To file reply brief. |
| Sep 19 1996 | Extension of Time application Granted To 11-18-96 To file reply brief. |
| Oct 2 1996 | Order filed re Habeas Funds Request re: request filed on 8-19-96. |
| Nov 12 1996 | Application for Extension of Time filed To file reply brief. |
| Nov 14 1996 | Extension of Time application Granted To 1-17-97 To file reply brief. |
| Jan 9 1997 | Application for Extension of Time filed To file reply brief. |
| Jan 14 1997 | Extension of Time application Granted To 3-18-97 To file reply brief. |
| Jan 22 1997 | Habeas funds request filed (confidential) (Third) |
| Mar 12 1997 | Application for Extension of Time filed To file reply brief. |
| Mar 13 1997 | Extension of Time application Granted To 5-6-97 To file reply brief. |
| Apr 28 1997 | Application for Extension of Time filed To file reply brief. |
| Apr 30 1997 | Extension of Time application Granted To 7-8-97 To file reply brief. |
| May 14 1997 | Compensation awarded counsel |
| Jun 18 1997 | Order filed re Habeas Funds Request re: request filed 1-22-97. |
| Jun 24 1997 | Application for Extension of Time filed To file reply brief (6th Request). |
| Jul 1 1997 | Extension of Time application Granted To 8-7-97 To file reply brief. |
| Jul 31 1997 | Application for Extension of Time filed To file reply brief. |
| Aug 4 1997 | Extension of Time application Granted To 9-5-97 To file reply brief. |
| Aug 27 1997 | Application for Extension of Time filed To file reply brief. |
| Sep 2 1997 | Extension of Time application Granted To 9-30-97 To file reply brief. no further Extensions of time Are Contemplated. |
| Sep 25 1997 | Application for Extension of Time filed To file reply brief. |
| Sep 29 1997 | Extension of Time application Granted To 10-15-97 To file reply brief. no further Extensions of time will be Granted. |
| Oct 15 1997 | Filed: Applt's Application to file Oversized reply brief |
| Oct 17 1997 | Order filed: Permission granted to Appellant to file Oversized reply brief |
| Oct 17 1997 | Appellant's reply brief filed (268 Pp) |
| Oct 17 1997 | Filed: Appellant's Amended Table of Contents for reply brief |
| Jan 26 1998 | Note: Related H.C. Petn filed this Date, No. S067491. |
| Apr 3 2001 | Exhibits Lodged: From Riverside County Superior Court (People's 34,48,49 and 58) |
| Apr 13 2001 | Letter sent to: counsel advising case could be scheduled for oral argument as early as the second May calendar, to be held in S.F. May 29 through 31, 2001, or for the June calendar, to be held the week of June 4 in Los Angeles. Any request for additional time, notification of requirement for two counsel, or advisement of "focus issues" shall be made no later than 10 days after the case has been set for oral argument. |
| Apr 17 2001 | Received letter from: applt, dated 4-17-2001, requesting that oral argument not be scheduled for May or June 2001. |
| Apr 24 2001 | Letter sent to: applt in response to 4-17-2001, letter. |
| Apr 24 2001 | Received letter from: AG dated: 4/23/2001 requesting that oral argument be scheduled for the June calendar. |
| May 3 2001 | Case Ordered on Calendar: THURS., JUNE 7, 2001 @ 1:30 P.M. in LA |
| May 14 2001 | Filed letter from: Counsel for applt. dated: 5/14/2001 re: focus issues for oral argument and requesting 45 min. for oral argument, w/two counsel. |
| May 16 2001 | Received letter from: Deputy AG Matthew Mulford dated: 5/11/2001 advising the court of his assignment to this case for oral argument. |
| May 23 2001 | Filed: Request of applt. to be represented by two counsel and for 45 min. at oral argument is granted. |
| May 25 2001 | Request for judicial notice denied appellant's request. |
| Jun 4 2001 | Received letter from: Applt. dated: 6/4/2001 re: addl. authorities for oral argument. |
| Jun 5 2001 | Received letter from: Applt. dated: 6/4/2001 re: addl. authorities for oral argument. |
| Jun 6 2001 | Received letter from: Resp. dated: 6/5/2001 re: addl. authorities for oral argument. |
| Jun 7 2001 | Cause Called, Argued and Submitted |
| Jun 18 2001 | Filed letter from: Applt. dated 6/15/2001, re: the court's request for citations to authority on issues raised at oral argument |
| Aug 9 2001 | Opinion filed: Judgment affirmed in full Majority Opinion by Kennard, J. -- joined by George C.J., Baxter, Werdegar, Chin & Brown JJ. |
| Aug 20 2001 | Rehearing petition filed |
| Aug 21 2001 | Time extended to consider modification or rehearing to 11/7/2001 |
| Sep 26 2001 | Rehearing denied |
| Sep 26 2001 | Opinion modified - no change in judgment |
| Sep 26 2001 | Remittitur issued (AA) |
| Oct 5 2001 | Exhibits Returned to: Riverside County Superior Court; People's 37, 48, 49 and 58. |
| Oct 9 2001 | Received: receipt for remittitur. |
| Oct 12 2001 | Received: acknowledgment of receipt of exhibits. |
| Dec 13 2001 | Compensation awarded counsel Atty Fousekis |
| Dec 18 2001 | Received letter from: U.S.S.C. dated 12/12/2001; extension of time to and including 1/25/2002. |
| Feb 1 2002 | Order filed (150 day statement) |
| Feb 8 2002 | Received letter from: U.S.S.C. dated 1-31-2002, advising that cert petition was filed on 1-29-2002, no. 01-8013. |
| Mar 13 2002 | Compensation awarded counsel Atty Fousekis |
| Apr 22 2002 | Received: Copy of applt.'s cert. petn. (26 pp. - appendices A-E) |
| Apr 29 2002 | Certiorari denied by U.S. Supreme Court |
| Aug 30 2002 | Filed: Supplemental proof of service of request for order terminating appointment of associate counsel Dorothy A. Streutker. |
| Aug 30 2002 | Filed: request for order terminating appointment of associate counsel Dorothy A. Streutker. |
| Sep 25 2002 | Filed: Declaration of James T. Fousekis in support of request of Dorothy Streutker for an order termination appointment as associate counsel. |
| Oct 16 2002 | Withdrawal of counsel allowed by order Good cause appearing, the application of appointed associate counsel for permission to withdraw as attorney of record for condemned prisoner Ronald Harold Seaton, filed August 30, 2002 (additional supporting declaration filed Sept. 25, 2002), is granted. The order appointing Dorothy A. Streutker as associate counsel of record for condemned prisoner Ronald Harold Seaton, filed September 10, 1993, is hereby vacated. James T. Fousekis shall remain as counsel of record for condemned prisoner Ronald Harold Seaton for purposes of all postconviction proceedings in this court, and for subsequent proceedings, including the preparation and filing of a petition for clemency with the Governor of California, as appropriate. |
| May 6 2003 | Compensation awarded counsel Atty Fousekis |
| Aug 13 2003 | Compensation awarded counsel Atty Fousekis |
| Sep 29 2004 | Compensation awarded counsel Atty Fousekis |
| Briefs | |
| Sep 14 1995 | Appellant's opening brief filed (547 Pp.) |
| Sep 5 1996 | Respondent's brief filed (329 Pp.) |
| Oct 17 1997 | Appellant's reply brief filed (268 Pp) |
